MEMORANDUM OF UNDERSTANDING

BETWEEN

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND ITS UNIVERSITY OF CALIFORNIA, LOS ANGELES

AND

TEAMSTERS LOCAL 2010

APRIL 5, 2017 – JUNE 30, 2022

TABLE OF CONTENTS

ARTICLES

1. RECOGNITION2. CLASSIFICATIONS AND RECLASSIFICATIONS3. DEFINITIONS4. NONDISCRIMINATION IN EMPLOYMENT5. POSITIONS AND APPOINTMENTS6. PROBATIONARY PERIOD7. PERFORMANCE EVALUATION8. PERSONNEL FILES9. APPRENTICES10. TRAINING AND DEVELOPMENT11. PROMOTION AND TRANSFER12. HOURS OF WORK13. UNIFORMS, TOOLS, AND EQUIPMENT14. OVERTIME15. PAY DIFFERENTIALS16. HOLIDAYS17. VACATION18. SICK LEAVE19. WORK-INCURRED INJURY OR ILLNESS20. MEDICAL SEPARATION21. REASONABLE ACCOMMODATION22. LEAVES OF ABSENCE WITH PAY23. LEAVES OF ABSENCE WITHOUT PAY24. MILITARY LEAVE25. DISCIPLINE AND DISMISSAL26. GRIEVANCE PROCEDURE27. ARBITRATION PROCEDURE28. LAYOFF AND REDUCTION IN TIME29. SAFETY COMMITTEE30. HEALTH AND SAFETY31. SAFETY LOCKOUT PROGRAM32. MISCELLANEOUS PROVISIONS33. PARKING34. INSURANCE AND RETIREMENT BENEFITS35. DEATH PAYMENTS36. DUES DEDUCTIONS37. LABOR-MANAGEMENT RELATIONS38. BARGAINING UNIT WORK39. SUBCONTRACTING UNIT WORK40. UNION RIGHTS41. MANAGEMENT RIGHTS42. NO STRIKE / NO LOCKOUT43. WAIVER44. SEVERABILITY45. WAGES46. DURATION

APPENDIX

A. LIST OF ARBITRATORSB. SKILL CRAFT WAGE SCHEDULEC. LIST OF ARBITRATORSD. LOCATION OF PERSONNEL FILESE. CRAFTS APPRENTICESHIP STANDARDSF. BULLETIN BOARDSG. ALTERNATE / SERVICE ENGINEER SELECTION PROCEDUREH. SIDE LETTER (FAMILY AND MEDICAL LEAVE – MILITARY CAREGIVER LEAVE)I. SIDE LETTER (HEALTH & WELFARE BENEFITS)J. ARTICLE 30.B.: VALUE OF SAFETY SHOESK. UCLA PARKING RATESL. SIDE LETTER - UCLA ELEVATOR MECHANICS - WAGE RATEM. SIDE LETTER - EMPLOYEE INFORMATION/NEO

SIGNED EXECUTION AGREEMENT

ARTICLE 1 – RECOGNITION

A. This Agreement, effective April 5, 2017, is entered into between The Regents of theUniversity of California, a corporation (sometimes referred to hereinafter as the"University"), and Teamsters Local 2010, (sometimes referred to hereinafter as the"Union"). The University recognizes Teamsters Local 2010, which was certified by thePublic Employment Relations Board (PERB) on April 22, 2016, as the exclusivebargaining agent for matters within the scope of representation for the followingclassifications of UCLA employees, excluding those classes and/or employeesdesignated as managerial, supervisory, and confidential by PERB.

Title Code Job Title8137…………………..Lead Electrician 8138…………………..Electrician 8139…………………..Apprentice Electrician 8164…………………..Lead Food Service Mechanic 8166...........................Assistant Food Service Mechanic 8257...........................Lead Plumber 8258...........................Plumber 8259...........................Apprentice Plumber 8125...........................Lead Sheetmetal Worker 8126...........................Sheetmetal Worker 8127...........................Apprentice Sheetmetal Worker 8109...........................Lead Carpenter 8110...........................Carpenter 8111...........................Apprentice Carpenter 8265...........................Lead Locksmith 8266...........................Locksmith 8267...........................Apprentice Locksmith 8178...........................Lead Mason 8179...........................Mason 8180...........................Apprentice Mason 8105...........................Lead Painter 8106...........................Painter 8107...........................Apprentice Painter 8159...........................Lead Elevator Mechanic 8188...........................Elevator Mechanic 8268...........................Apprentice Elevator Mechanic 8216…………..………Lead Facilities Mechanic 8217...........................Facilities Mechanic 8218...........................Facilities Worker 8223...........................Vending Machine Technician 8235...........................Lead Stationary Operating Engineer 8236……………….....Lead Residential Mechanic 8237...........................Residential Mechanic 8285...........................Lead Signmaker 8286...........................Signmaker 8288............................Apprentice Signmaker 8238............................Service Engineer 8239............................Stationary Operating Engineer 8240............................Apprentice Stationary Operating Engineer

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8102............................Irrigation Mechanic 8201............................Food Service Mechanic 8347…………………...Lead Flooring Installer 8348............................Flooring Installer 8220…………………...Lead Roofer 8189…………………...Roofer

B. Pursuant to PERB Rules and Regulations for unit modification, certain classifications may

be added to the above-described UCLA Skilled Crafts Unit by mutual agreement of the parties. The University and Teamsters Local 2010 will meet and confer, within thirty (30)-calendar days of the request of either party, regarding proposed new classifications to be added to the bargaining unit.

C. The term “employee” as used in this Agreement shall refer to any probationary, career,

casual (limited) or apprentice employees of UCLA in the above-mentioned unit except for those excluded pursuant to Section A. above.

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ARTICLE 2 – CLASSIFICATIONS AND RECLASSIFICATIONS A. Bargaining unit employees’ level and scope of assigned duties shall be documented in

their job descriptions which shall be established and classified by the University. If an employee’s duties and responsibilities undergo significant changes, the affected position(s) may be reviewed as described hereafter in this Article. The official University-approved 2009 class specifications, which are guidelines only, may be found online at https://www.chr.ucla.edu/hr-administration/compensation-and-classification/ classification-specifications. Proposed changes to the class specifications that impact employees’ terms and conditions of employment will be subject to meet and confer. The University agrees to send copies, via U.S. Mail and email, of any changes to revised job descriptions to Teamsters Local 2010’s address of record.

B. 1. If, during the term of this Agreement, the Union believes that certain bargaining

unit members are working out of class, it may submit the position(s) of these bargaining unit members to Campus Human Resources or Healthcare Human Resources, as appropriate, for review. Campus Human Resources or Healthcare Human Resources shall provide a response to the request within 90 (ninety) days after receiving the submission from the Union unless the Union and the University mutually agree to an extension.

2. The University’s Compensation unit will determine whether or not the employee has been working out of class by evaluating the core functions and duties of the position and comparing them to pre-defined job families or classifications specifications and comparable positions within the organization and/or external to the organization. Factors that may be considered include, but are not limited to, the scope of responsibility and skill and competencies required to perform the position. The classification review process will include a review of job descriptions and interviews with the incumbent and may include at least one of the following:

a. review of the organizational chart;

b. review of any supplemental information;

c. interviews with the supervisor and/or manager or subject matter experts;

or

d. review of a position questionnaire or survey.

3. a. Within twenty-one (21) calendar days of the date the University issues the results of the Compensation unit’s review to the Union, the Union may request a Compensation Review Conference. Such request shall be directed to the Director of Labor Relations.

b. Within fourteen (14) calendar days of the request, the Campus Labor Relations

Director or designee shall convene a Compensation Review Conference. The Union shall be entitled to respond to the review, orally or in writing, including any facts and/or arguments which the employee and/or the Union wishes to convey to the University. The bargaining unit employee seeking reclassification may participate in this meeting and one (1) union steward shall be granted release

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time, upon request, to attend.

c. Within ten (10) calendar days of the conclusion of the Conference, the University will issue its response to the Union. The University’s decision will be final.

d. After the University’s decision is issued, the parties may mutually agree to non-

binding mediation. C. 1. The University and the Union agree that employees shall be assigned work

consistent with the employee’s job description.

2. An employee who is temporarily assigned by University management to perform substantially all of the duties on a full-time basis of a classification with a higher base rate than the employee’s regular appointment for a period of five (5) consecutive working days or more, shall be paid the higher base rate for all hours worked in the temporary assignment.

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ARTICLE 3 - DEFINITIONS A. Break in Service

A break in service is any separation from employment status. In addition, a break in service occurs, effective the last day on pay status, whether or not a separation form is submitted, when an employee is off pay status for four (4) complete, consecutive calendar months without an approved leave without pay, furlough, or temporary layoff. A return to pay status from an approved leave without pay, furlough, temporary layoff, during a period of right to recall and preference for reemployment, or on the next working day following a separation is not a break in service.

B. Address of Record

It shall be the responsibility of each employee to inform the University in writing of his/her current home address and of any change in such address, and the information so provided shall constitute "the employee's last known home address." Via the File Transfer Program, the University shall make accessible to the Union a report of bargaining unit members. The report will include the employee's name, classification, date of hire, department and home address. Home addresses shall be made available to the Union provided that the employee has authorized, in writing, the release of his/her address. The release of home addresses shall be pursuant to Government Code Section 6254.3. For purposes of Article 42 - No Strike/No Lockout, notice to the home addresses provided herein shall meet the Union's obligation.

C. Seniority

1. As used in the Layoff Article, seniority is calculated by the number of full time equivalent months (or hours) of UCLA service, excluding employment prior to a break in service. When employees have the same number of full-time equivalent months (or hours), the employee with the most recent date of appointment is considered the least senior.

2. As used in the Vacation, Promotions & Transfers, Hours of Work and Overtime

Articles, seniority is determined by the date of appointment of the employee to the classification. If employees have the same date of appointment to the classification, the one with the most recent appointment to the shop or work location shall be the least senior.

D. Rates of Pay

1. Base rate is the amount listed for the class in Appendix B - Wage Schedule.

2. Regular hourly rate is the employee’s base rate plus any shift differential, on-call pay and hazardous duty pay.

E. Classifications

The term “classification” shall refer to the job title and title codes listed in Article 1, Recognition.

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F. Day

Unless otherwise indicated herein, the term “day” shall refer to a calendar day.

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ARTICLE 4 – NONDISCRIMINATION IN EMPLOYMENT A. The provisions of this Agreement shall be applied to all members of the unit within the

limits imposed by law, including applicable Federal and State Constitutional and statutory provisions and/or University regulation without regard to race, color, religion, union affiliation, marital status, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental disability, medical condition (cancer-related or genetic characteristics), status as a covered veteran (special disabled veteran, Vietnam era veteran, or any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized), age, or citizenship.

B. Allegations of a violation of this Article, only when made in connection with a provision of another Article that is grievable beyond Step 2, shall be eligible for appeal to the same degree that the Article to which the grievance is connected is grievable and/or arbitrable.

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ARTICLE 5 - POSITIONS AND APPOINTMENTS A. Career Appointments

Career appointments are established at a fixed or variable percentage of time at fifty percent (50%) or more of full-time, and are expected to continue for one (1) year or longer.

B. Limited (Casual) Appointments

1. Limited (Casual) Appointments are established at any percentage of time, fixed or variable, and are not expected to continue for more than two thousand and eighty (2080) hours in a twelve (12) month period.

2. Limited (Casual) Appointments shall not normally be hired instead of career

employees.

3. Conversion to Career Status. Except as provided in Section 4 below, in the event that an employee with a limited (casual) appointment attains 2080 hours of qualifying service within a 12-month period, without a break in service of at least 120 consecutive calendar days, the incumbent shall convert to career status of at least 50% time upon reaching the 2080 hour threshold.

a. Qualifying service includes all time on pay status in one or more limited

(casual) appointments. Pay status shall not include on-call or overtime hours.

b. Such conversion to career status shall be effective on the first day of the

month following attainment of 2080 hours of qualifying service.

c. Any break in service of 120 days or longer shall result in a new 12-month period for purposes of calculating the 2080 hours of qualifying service.

d. Employees who have been converted to career appointments shall serve

a probationary period in accordance with the provisions of Article 6, Probationary Period.

4. Conditions for Non-conversion to Career Status. Conversion to career status, as

provided in Section 3 above, shall not occur when:

a. The employee is hired as replacement for another person who is on an extended leave; or,

b. The position into which the employee is hired is not an “ongoing” position,

in that the position is established and funded for less than a year at any percent of time; or,

c. The funding for the position is “one time” funding of 18 months or less; or,

d. The employee was hired specifically to work on a short-term project

lasting no more than one (1) year.

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5. Termination of Limited (Casual) Employees. Employees in limited (casual) appointments may be terminated or have their time reduced at the sole discretion of the University and without recourse to Article 27, Arbitration Procedure, of this Agreement.

C. Disputes

A dispute for a Limited (Casual) employee except for those limited (casual) employees who have been converted or should have been converted to career employees under Section B.3. above, shall be processed under the grievance procedure, but not the arbitration procedure.

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ARTICLE 6 – PROBATIONARY PERIOD A. All new career employees shall serve a probationary period of six (6) calendar months at

fifty percent (50%) time or more without a break in service. Time on leave with or without pay is not qualifying service for the completion of the probationary period. Employees who are rehired following a break in service shall serve a new probationary period whether or not they previously completed a probationary period.

B. Limited (casual) employees who have served a minimum of six (6) continuous months at fifty percent (50%) time or more in the same class, in the same shop and under the same supervisor as the career position for which they are hired, shall not serve a probationary period. If the limited (casual) employee is hired into a career position in a different class or in a different shop or a different supervisor, the employee shall be informed in writing at least seven (7) calendar days prior to the effective date of the extension that the probationary period will be extended, including the reason(s) for the extension but in no event shall the total probationary period last more than a total of nine (9) continuous months at 50% time or more. Time on leave with or without pay is not qualifying service for the completion of the probationary period.

C. A limited (casual) employee rehired into a career position of the same classification, in

the same shop, within thirty (30) days of his/her break in service shall not serve a probationary period unless informed in writing by management.

D. Prior to the completion of the probationary period, the University will make a good faith

effort to evaluate the employee’s performance. However, a probationary employee may be released at the discretion of the University provided the employee is not being released in violation of Article 4, Nondiscrimination in Employment. Other than probationary releases alleged to be based on discriminatory grounds or to be in violation of Article 6.B. above, disputes arising from this Article are not subject to the Grievance or Arbitration Procedure of this Agreement.

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ARTICLE 7 – PERFORMANCE EVALUATION A. General Provisions

1. The performance of each employee shall be evaluated periodically for the

purpose of assessing and evaluating an individual’s work performance and for providing guidance and assistance relative to the employee’s work performance, in accordance with a process established by the University. If an employee does not receive an evaluation of performance and it has been at least a year since the last evaluation has been done, the employee shall be deemed to have performed satisfactorily. A performance evaluation does not constitute discipline or corrective action.

2. An employee shall have the right to provide a written rebuttal to his/her performance evaluation and to have that rebuttal attached to the performance evaluation. Both documents shall be placed in the employee’s personnel file.

3. An employee shall receive a copy of the signed performance evaluation,

including the employee’s rebuttal, if any.

B. If an employee does not receive an evaluation of performance and it has been at least a year since his/her last evaluation was completed, he/she may make a written request to his/her immediate supervisor that an evaluation be done. Upon request, a performance evaluation shall be provided no later than sixty (60) calendar days.

C. The University may counsel a bargaining unit employee concerning his/her performance,

including but not limited to attendance and related performance issues. Such counseling shall not constitute discipline or corrective action.

D. Disputes concerning alleged violations of Section B. above shall be subject to the

Grievance and Arbitration Procedures of this Agreement; however, all other disputes arising from this Article may be reviewed under the Grievance Procedure only of this Agreement.

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ARTICLE 8 – PERSONNEL FILES A. General Provisions

1. Personnel files will be located in an employee’s employing department. It is

understood that there shall only be one (1) Official personnel file for each employee. A list of the offices where personnel files can be reviewed will be attached to this Agreement as Appendix C. If the University modifies said list, a copy of said modification shall be provided to the Union within a reasonable period of time.

2. Upon request, an employee and/or his/her representative shall be able to

review his/her personnel file within a reasonable period of time in the presence of a representative of the University.

B. Request for Inspection

Where the University determines that operational requirements permit, an employee shall be granted a reasonable amount of time in without-loss-of-straight-time pay status to review his/her personnel file(s). When granting such requests, the University shall take into account the frequency of such requests and the amount of time the employee is or will be engaged in such activity. Alternatively, an individual may provide the University with a written authorization allowing a designated Teamsters Local 2010 representative to receive a copy of the employee’s personnel file(s) or identified portions thereof. Such written authorization shall be valid for a period of twenty (20) calendar days from the date thereof.

C. Rebuttal Statements An employee may submit a rebuttal statement to material in his/her personnel file. Said rebuttal shall be attached to the material being rebutted and placed in the employee’s personnel file.

D. Grievance Files Records involving the processing of an employee’s grievance such as the grievance form, step appeals and responses, and settlement documents will be kept in a file separate from the employee’s personnel file.

E. Protections from Disclosure Records protected by recognized legal privilege and records excepted from disclosure by law may be withheld from the employee and/or the employee’s representative. Neither an employee nor his/her representative shall be entitled to review confidential pre-employment information.

F. Fees

Fees may be charged for making copies of personnel file information or extracts thereof; however, there shall be no charge for the first copy of the individual employee’s own records. When they are requested, copies will be provided within a

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reasonable period of time.

G. Letters in File

Prior to placing a letter of commendation or a derogatory letter in an employee’s personnel file, the employee shall be provided with a copy of said letter.

H. Counseling Memoranda

Counseling memoranda shall be destroyed two (2) years after the date of issuance if, during that time there has been no further counseling or disciplinary action taken against the employee for the same conduct and shall not be relied upon to issue further counseling or discipline for the same conduct.

I. Correction of File

If, after inspection of his/her personnel file, an employee believes that any portion of the material contained therein is not accurate, the employee may make a written request to the appropriate University representative, to have the material corrected. The University shall notify the employee in writing of the correction or of its denial of said request.

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ARTICLE 9 – APPRENTICES

A. Apprentices

1. The University and the Union have established joint apprenticeship programs for carpenters, electricians, elevator mechanics, operating engineers, and plumbers as well as standards for said classifications. The established standards are attached to this Agreement as Appendix D. The University agrees to meet with the Union to discuss any proposed revisions the Union may choose to make to said standards.

2. The University and the Union may jointly establish new apprenticeship programs,

including a program for signmakers, locksmiths, masons, painters, and sheetmetal workers, which will involve coordinated work experience and vocational education.

3. For existing programs and upon implementation of new programs, eight-person

Joint Apprentice & Training Committees (JATCs) will be established to monitor the program. The JATCs may develop protocols and/or procedures regarding the activities of the committee, including, but not limited to the review of applicants recommended to the JATCs. The University shall have the responsibility for the selection of an individual to fill apprenticeship positions. To assist in making such selections, the University may, from time to time, seek the input of bargaining unit employees from the trade being recruited or from bargaining unit employees who participate on Interview Panels, if any. JATCs consisting of four (4) persons appointed by the University and three (3) craft employees, at least one of which will be from the affected craft and one (1) Teamsters Local 2010 Officer, appointed by the Union, shall be created for each craft with an established apprenticeship program. Said JATCs shall monitor the Apprenticeship Programs. The size and structure of each said JATC may be modified by mutual agreement.

4. Article 7, Performance Evaluation, shall have no application to apprentice

employees.

5. The parties agree that the words “work schedule(s)” wherever they appear in Article 12, Hours of Work, shall not include scheduled courses of related supplemental instruction except for any course of instruction which is given on a job site during work time.

6. The parties agree that “overtime” as defined in Article 14, Overtime, shall not

include time spent by apprentices in connection with any course of related or supplemental instruction except for any course of instruction given on a job site during work time.

7. The University shall retain its right to discipline apprentice employees, up to and

including termination, when it determines, in its sole discretion, that a violation of this Contract or other University rules and regulations has occurred. Apprentices shall have access to the Grievance Procedure of the Agreement, Article 26, but shall not have access to the Arbitration Procedure, Article 27. Grievances that remain unresolved at Step 2 of the Grievance Procedure shall be forwarded to the appropriate JATC. If a majority of the JATC cannot reach a decision, the grievance shall be submitted to the Director of Labor Relations for a final decision.

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B. Apprentice Wage Structure

The University will pay apprentice employees the following percentages of their respective journey-level wage rates:

first six months ..................................sixty percent (60%) second six months ............................sixty-five percent (65%) third six months .................................seventy percent (70%) fourth six months...............................seventy-five percent (75%) fifth six months ..................................eighty percent (80%) sixth six months.................................eighty-five percent (85%) seventh six months ...........................ninety percent (90%) eighth six months ..............................ninety-five percent (95%)

Upon successful completion of an apprenticeship program, an apprentice employee shall become a journey-level employee and receive the respective journey-level rate of pay.

C. General Provisions

1. Time spent in classroom training shall not be considered to be hours worked and shall not be compensated by the University.

2. The University and Teamsters Local 2010 agree to share, in equal parts, the

costs associated with tuition, books, or other training for established apprenticeship programs.

3. Selection of apprentices shall be in accordance with Article 11 - Promotion and

Transfer, Sections A & B, however the remaining sections of Article 11 shall not be applicable to apprentice employees. Apprentices shall be required to sign an apprenticeship agreement and shall be subject to applicable apprenticeship standards.

D. Within 180 days of ratification, the University and Teamsters Local 2010 will convene to

meet and confer regarding updates and changes to the apprenticeship programs.

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ARTICLE 10 – TRAINING AND DEVELOPMENT A. General

The University may permit employees to attend career-related or position related development programs. In each case payment of fees, duration of released time and status of released time as time on pay or non-pay status is at the discretion of the University.

B. Required Training

When the University requires attendance at an educational or training program, the University will pay the fees and related costs. With respect to non-required educational and training programs, the University may, in its sole discretion, pay the fees and related costs of such programs upon request of the employee. In the event the University declines to exercise its discretion, program-related costs, such as travel, etc., shall be borne by the employee for non-required programs.

C. Fee Reduction

Non-probationary employees in career positions who are residents of the State of California and who are admitted to the University are eligible for a two-thirds reduction of both the University registration fee and the University educational fee per quarter or semester, for up to nine units or three regular session University courses, per quarter or semester, whichever is greater.

D. Incidental Services

An employee so registered shall not be eligible for the services or facilities of counseling centers, gymnasia, or student health services incidental to such reduced-fee registration. The University agrees that bargaining unit employees may use University facilities to the same extent as other University staff employees.

E. Other Programs

Eligibility for discounts for other University of California courses and programs, including University Extension courses, are at the sole discretion of the University.

F. Approval

Participation in educational or training programs during scheduled work hours must be approved by the University in advance.

G. Leaves for Training

If an employee requests leave for training, the University shall consider the request in accordance with Article 23, Leaves of Absence Without Pay, of this Agreement.

H. Disputes

Disputes concerning this Article shall be subject to the Grievance Procedure of the Agreement, Article 26, but shall not be subject to the Arbitration Procedure of the Agreement, Article 27.

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ARTICLE 11 – PROMOTION AND TRANSFER A. Posting

Whenever it is determined by the University that a vacancy in a career position is to be filled, a position available notice, which includes the requirements for the position, shall be posted on the University electronic website at www.chr.ucla.edu for a minimum of two weeks unless otherwise agreed to by the parties. In addition, said position available notice shall be posted on unit bulletin boards by the University at locations described in Appendix E for openings in those locations only for at least two (2) weeks, except as provided in Section C below or unless otherwise agreed between the parties. Any bargaining unit employee may, before the closing date stated in a notice, apply for a vacant position.

B. Selection

1. The University shall have responsibility for the selection of an individual to fill a vacant position. To assist in making such selections, the University may, from time to time, seek the input of bargaining unit employees from the trade being recruited or bargaining unit employees who participate on Interview Panels, if any. Employees desiring to compete and be considered for promotional, transfer, or career opportunities must meet the minimum qualifications for the position. The candidate determined by management to be the best qualified for the vacant position shall be selected. In those cases where candidate qualifications are essentially equal and affirmative action goals have been met, special consideration will be given to bargaining unit applicants to allow for promotional, transfer, or career opportunities. Lateral transfers under this Article shall not result in a reduction in base rate of pay.

2. Selection of Apprentices shall be subject to the provisions of Article 9 of the

Agreement. C. Reassignment within Department

Any bargaining unit employee desiring a lateral reassignment to another shift, days off, or location within his/her department shall request such reassignment in writing directed to his/her department's Personnel Officer. When a permanent vacancy is to be filled, reassignment shall be made from a list of such individuals, provided that an employee who has made such a request possesses the qualifications and skills to perform the job required for the vacant position, and has been employed in his/her current classification for at least twelve (12) months of qualifying service. No more than one such transfer shall be approved for a bargaining unit employee in a twelve (12)-month period. If more than one employee on the list meets the criteria stated above, the priority of selection will be determined by the date the request was received in the department's personnel office. If more than one request is received on the same date, the priority of selection shall be by seniority in class. The vacancy shall be posted pursuant to Section A above if no qualified employee is on the lateral reassignment list.

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D. Eligibility for Promotion

Any bargaining unit employee must be employed in his/her current classification for at least six (6) months of qualifying service before being eligible for consideration for promotion within the bargaining unit.

E. Alternate Service Engineer/Service Engineer Selection

The selection for Alternate Service Engineer and Service Engineer shall be in accordance with the procedures set forth in Appendix F. Alternate Service and Service Engineer results will be posted. Promotion to Service Engineer shall normally be made from the list of qualified Alternate Service Engineers provided that a qualified employee on the list applies within the posting period. If the position is to be filled from outside the unit, the Union will be notified prior to the University making the final job offer.

F. Temporary Promotions

Temporary promotions will not exceed 180 days unless the position has been posted in the shop where the promotion is available for a minimum of three (3) days. Where such temporary position has been posted as described herein, the period of the promotion will not exceed twelve (12) months unless an extension is mutually agreed to by the Union and Management. Reasons for extensions may include major project work, one-time funding, and disability coverage. In the absence of a mutual agreement between Teamsters Local 2010 and UCLA to an extension as described above, a temporarily-promoted employee who attains 2080 hours in the same classification within a twelve-month period shall automatically convert to career status in that classification.

G. Inter-campus Transfers

Bargaining unit employees who transfer to another UC campus are deemed to be continuing their employment with the University of California. Upon request from a transferring employee or another UC campus, UCLA will provide assistance with the transfer of accrued vacation, sick leave and UCRP benefits if applicable, in accordance with University policies.

H. Affirmative Action

The specific provisions of this Article notwithstanding, the University and the Union agree to comply with legally mandated affirmative action obligations.

I. Disputes

Disputes arising from this Article and Appendix F may only be reviewed through the Grievance Procedure, Article 26, of this Agreement.

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ARTICLE 12 – HOURS OF WORK A. Work Shift, Work Week, Work Schedules

1. The workweek for employees shall be from 12:00 am. Sunday morning to 11:59

p.m. the following Saturday. 2. Work Shift shall be defined as the normally assigned hours of work. The

University will provide the Union with the current work shifts of bargaining unit employees upon ratification of this Agreement.

3. Work Week shall be defined as the normally assigned work shifts. 4. Work Schedule shall be defined as an employee’s normally assigned days per

week and the normally assigned work shift. The University will provide the Union with the current work schedules of bargaining unit employees upon ratification of this Agreement.

5. The standard work schedule for full-time employees shall be forty (40) hours per

workweek, normally scheduled in shifts of eight (8) hours with each shift containing a thirty (30) minute unpaid meal period. A standard work schedule shall consist of five (5) consecutive workdays and two (2) consecutive days of rest exclusive of holidays, provided, however that those employees in continuous operation whose work schedules may be altered to accommodate regular rotation changes in shifts would be exempt for the period of rotation. The regular hours of work each day shall be consecutive. Hours of work will be considered consecutive if divided only by normal meal breaks or rest periods.

6. An alternate work schedule shall consist of forty (40) hours per workweek,

normally scheduled in shifts of ten (10) hours with each shift containing a thirty (30) minute unpaid meal period. An alternate work schedule shall consist of four (4) consecutive workdays and three (3) consecutive days of rest exclusive of holidays. The regular hours of work each day shall be consecutive. Hours of work will be considered consecutive if divided only by normal meal breaks or rest periods.

B. Meal Periods

1. Employees shall receive a thirty (30) minute unpaid meal period at or near the midpoint of their shift except that employees working a straight eight-hour shift shall be permitted to take a meal period when conditions permit; such time shall be considered time worked for pay purposes.

2. Any employee who is required to forego a meal period or required to return to

work during a meal period shall be paid for the meal period and the time shall be considered as time worked for overtime purposes.

3. An employee who is required to work overtime must take a thirty (30) minute

unpaid meal break, conditions permitting, if the overtime worked is more than six (6) hours.

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C. Work Schedules: Shift Hours

1. Work schedules for the period January 15 of one year through January 14 of the following year shall be posted on bulletin boards prior to the preceding December 1 and shall remain posted throughout the life of the schedule.

2. Bargaining unit employees are expected to be in uniform and safety shoes at the

beginning of their shifts. 3. If the University requires an employee to change into or out of uniform, including

protective clothing and equipment as defined in Article 30.B., at the work site, a maximum of ten minutes shall be allowed for this purpose after the beginning and prior to the end of the work shift. Employees not required to change into or out of uniform at the work site will not be granted uniform change time.

4. All shift rotations shall be scheduled so that each employee is guaranteed the

same number of hours within the pay period that he/she would have received had there been no shift change.

5. The current shift hours shall continue for the term of this Agreement. However,

management may establish, discontinue, or alter shift hours other than the established shift hours of 7:00 a.m.–3:30 p.m.

6. Management shall provide to the affected employees and the Union twenty-one

(21) calendar days notice of its intent to create a new shift or work week. Upon timely request of the Union, the parties shall meet and discuss proposed changes to shift hours for a standard work schedule; proposed shift hours for an alternate work schedule shall be subject to meet and confer.

7. An employee shall be notified of any change to an existing work week or shift at

least fourteen (14) calendar days in advance, except for an emergency. An emergency as used herein is defined to mean an occurrence of a serious nature, developing suddenly and unexpectedly, and requiring immediate action to protect life, safety, and health. Where a change in work week or shift is made without the requisite fourteen (14) calendar days notice, excluding changes to meet emergencies, an employee will be compensated at the overtime rate defined in Article 14 - Overtime, of this Agreement for all time worked on the new schedule or shift during the fourteen (14) calendar day notice period. This notification requirement does not apply to employees covered by Article 9 - Apprentices. Work schedule changes shall not be made for disciplinary purposes.

8. If an employee reports to work as scheduled and is not notified that his/her work

schedule has been changed, he/she shall be paid for four (4) hours at the overtime rate.

D. Rest Periods

Rest periods not to exceed fifteen (15) minutes may be granted to employees no more than twice in an eight (8) or ten (10) hour shift. Where the University currently combines the second break with the lunch period, that practice shall continue. Rest periods not granted, or granted and not used, shall not be accumulated. Rest periods shall be

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granted unless operational necessity requires that they be denied, but if denied shall be granted as soon as practicable thereafter.

E. Clean-Up Period

A clean up period shall be deemed University, not personal, time. Each employee may be permitted an appropriate length of time for a clean-up period at the end of each work shift, as necessary.

F. Call-Back Time

1. Call-back refers only to those instances when an employee is ordered back to work without prior notice after completing a shift and leaving the premises or those instances when prior notice is given but the work begins at least three (3) hours after the completion of the regular work schedule.

2. An employee who is called back shall receive credit for a minimum of four (4)

hours of work time. 3. Call-back shall be paid at the rate of one and one-half (1-1/2) times the regular

hourly rate.

G. On-Call

1. On-call is time during which an employee is not required to be at the work location but is expected to be available for return to work. An employee placed on-call shall, except as provided in paragraph 2 below, be compensated at twenty percent (20%) of his/her base rate for each hour on-call. An employee who is called to work shall receive credit for a minimum of four (4) hours of overtime at the rate of one and one- half (1-1/2) times the regular hourly rate.

2. The on-call rate will be the federal minimum wage when management requires

the employee to meet all of the following conditions: 1) to be reachable by telephone or beeper; 2) to remain within a forty-five (45) minute response time of UCLA; and 3) to refrain from activities which might impair his or her ability to perform assigned duties. An employee who is called to work shall receive credit for a minimum of four (4) hours of overtime at the rate of one and one-half (1-1/2) times the regular hourly rate.

3. Employees may volunteer to work on-call assignments and qualified volunteers

will be assigned first. In the absence of sufficient, qualified volunteers, the University shall make on-call assignments in inverse order of seniority among all qualified employees in the same classification in the same organizational unit and work location. In the assignment of on-call work under this provision, management may consider special skills to perform particular work.

4. Employees contacted by management or designee, while on-call or during non-

scheduled hours, and asked to work remotely (e.g., answering questions over the phone or logging into a computer) shall be paid a minimum of one (1) hour of pay if the employee responds. Employees will be paid for the actual time worked if it exceeds one (1) hour. Employees will be paid no more than one (1) hour of pay

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if they are contacted on multiple occasions during the same hour. Employees contacted on multiple occasions during a day, with the exception of multiple contacts within the same hour, will be paid a minimum of (1) hour of pay per occurrence.

H. Trading of Shifts

An employee may request in writing to trade shifts with another employee. Upon receipt of such written request, a supervisor, at his/her discretion, may approve the request. No penalty payment will be made for shifts traded at the request of the employee.

I. Temporary Work Location

If an employee is temporarily assigned to work at a location other than in his/her regularly assigned section or geographical area, he/she shall report to the new work location unless otherwise directed by the University

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ARTICLE 13 – UNIFORMS, TOOLS AND EQUIPMENT

A. Uniforms

Uniforms are attire, excluding shoes, which are worn for the purpose of ready visual identification of personnel. The University shall have the sole discretion to determine who shall wear a uniform and the conditions under which it must be worn. The University shall continue to provide uniforms to employees covered by this Agreement where it currently provides such attire. If uniforms are required, the University shall provide and maintain clothing for each employee in accordance with current departmental practice. Bargaining unit employees who are not regularly assigned to the UCLA Health System but who may be assigned to work at those locations from time to time will not be required to wear the uniforms provided by the UCLA Health System. If a department decides to change current departmental practice during the life of this Agreement or any extension thereof, the University will notify the Union and the parties agree to meet and confer on the subject of uniforms. Uniforms will comply with OSHA regulations where appropriate. Where current uniforms may not comply with OSHA regulations, the parties agree to a transition period allowing the University to phase out the non-compliant uniforms.

B. Laundering

If laundering is the responsibility of each such employee, the employee will be reimbursed $40.00 quarterly for such costs.

C. Tools

The University shall provide to each bargaining unit employee the tools and equipment required to perform his/her assigned duties and shall maintain check- lists of the tools and equipment so provided. Broken tools and equipment shall be returned to the employee’s supervisor and the University will provide the employee with replacement tools, as appropriate, within a reasonable period of time. The University may require an employee to reimburse the University for any tools and equipment lost while such are assigned to/provided to that employee and at the time of his/her separation from employment.

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ARTICLE 14 - OVERTIME A. Management Authority and Responsibility

1. Nothing herein is intended to limit or restrict the authority of management to require any employee to perform overtime work. Overtime shall be defined as hours worked in excess of eight (8) hours. Bargaining unit employees shall be entitled to overtime compensation for all hours of work in excess of eight (8) hours worked in a day and that CTO, sick leave, vacation leave, holidays, jury or witness duty taken prior to said eight (8) hours of work shall not circumvent that entitlement.

2. As soon as practicable after the University decides upon the need for overtime or

additional work, the University shall notify the employee(s) it selects that overtime must be worked or that the employee(s) must work beyond his/her regularly assigned shift. An employee may decline such assignments under special circumstances and a supervisor shall make a sincere effort to relieve an employee working overtime whenever said employee so requests. However, wherever it is necessary to meet the operational requirements of the University, the University shall have the right to require the performance of such work, including requiring employees to remain at work after conclusion of their shift until relief is available.

B. Distribution of Overtime

1. The University shall attempt to assign overtime work equitably among all qualified employees in the same classification in the same organizational unit and work location. In the assignment of overtime under this provision, management may consider special skills required to perform particular work.

2. At each organizational unit work location, the University will post the previous

twelve (12) months of overtime distribution. Employees who are offered overtime and who decline it will have the overtime recorded as if it had been worked. All employees at the organizational unit work location will be listed as eligible for overtime.

C. Overtime Rate and Method of Compensation

1. For all employees in the bargaining unit who work a standard work schedule, all hours worked in excess of eight (8) hours in a day shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate.

For all employees in the bargaining unit, compensation shall be at the rate of one and one-half (1-1/2) times the regular hourly rate for all hours worked on the employee's regular scheduled day(s) off.

Any scheduled overtime which is not contiguous to an employee’s normal schedule, shall be a minimum of four (4) hours and shall be paid at one and one-half (1-1/2) the regular hourly rate.

2. For purposes of calculating the overtime rate for hours worked as mentioned in

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C.1. above, the regular hourly rate shall include: the employee’s, base rate, shift differential, on-call, hazardous duty pay. When an employee is employed at more than one base rate, overtime earned at the time and one-half rate shall be calculated based on the base rate in effect when the overtime is earned.

3. Notwithstanding Section C.1. above, overtime compensation earned at the time

and one-half rate may be accrued as compensatory time at the employee’s option provided that no more than one hundred twenty (120) hours of compensatory time may be accrued in any calendar year. Employees may request to receive payment of hours in his/her compensatory time bank on the first pay date in June and the first pay date in December of each year. A maximum of one hundred twenty (120) hours of compensatory time may be carried over into the next calendar year. The total amount of compensatory time carried over shall be credited to the maximum one-hundred twenty (120) hours compensatory time accrual for that year. (For example, an employee who chooses to carry over eighty (80) hours into the following calendar year shall only be allowed to accrue a maximum forty (40) hours in the new calendar year.)

4. An employee shall request use of compensatory time off a minimum of four

(4) work days in advance of the desired time off, except in an emergency. The supervisor will not unreasonably deny the use of compensatory time. The supervisor’s approval of the use of compensatory time will be subject to the operational needs of the University.

5. Upon separation from employment, an employee shall be paid any banked

compensatory time earned at the premium rate at the then current rate of pay or at the employee's average rate of pay for the last three (3) years of employment, whichever is higher.

6. Overtime shall not be paid more than once for any hours worked, and there shall

be no pyramiding of overtime. D. Overtime Meal Allowance

When an employee is required to extend his/her regularly assigned shift more than three (3) hours, and that period extends past the employee's regular meal time, he/she shall be paid an overtime meal allowance of twelve dollars ($12.00). A person who is scheduled to work planned overtime is not entitled to be paid for a meal, even though this overtime requires him/her to work past a regular meal time.

E. Time Off Between Shifts

In the event an employee is required to change his/her shift and this change results in less than twelve (12) hours between shifts, the employee shall be paid at the rate of one and one-half (1-1/2) times the regular hourly rate for all hours worked within the twelve (12) hours between the old and new assigned shift.

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ARTICLE 15 - PAY DIFFERENTIALS

A. Shift Differential

1. An employee who works an established swing shift shall receive one dollar and f i f t y cents ($1.50) per hour in addition to his/her regular hourly rate of pay. A swing shift is defined as a shift where at least four (4) of the regularly scheduled hours fall between 3:00 p.m. and 11:00 p.m.

2. An employee who works an established graveyard shift shall receive Two Dollars

($2.00) per hour in addition to his/her regular hourly rate of pay. A graveyard shift is defined as a shift where at least four (4) of the regularly scheduled hours fall between 11:00 p.m. and 7:00 a.m.

3. An employee who is scheduled to work a variable work week shall receive the

night shift differential specified above for each day worked in that week. A variable work week is one in which an employee works various shifts within that week.

B. Hazardous Duty Differential

1. The University agrees to pay One Dollar and ten cents ($1.10) per hour pay differential for actual hours spent spray painting in the paint booth, trench work that requires shoring, elevated and swing stage work as defined hereafter. Elevated work is work performed more than twelve (12) feet above grade on non-stationary platforms, ladders, scaffolds, or other motorized or manually operated equipment.

2. The University agrees to pay One dollar and ten cents ($1.10) per hour pay

differential for actual hours spent in asbestos, lead, mercury and mold abatement. C. High Voltage Electrical Duty Differential

The University agrees to pay One Dollar ($1.00) per hour pay differential for actual hours spent performing high voltage electrical work as defined hereafter. High voltage electrical work is performed when electricians are working on utility distribution systems (energizing, de-energizing, switching and splicing) where the voltage exceeds 600 VAC or 1,500 VDC according to UCLA’s approved “Energized Electrical Work Permit” and Policy Statement.

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ARTICLE 16 - HOLIDAYS A. Eligibility for Holiday Pay

1. Full-time employees in career positions shall be eligible for holiday pay in accordance with the following conditions:

a. An employee shall receive holiday pay if on pay status on his/her last

scheduled work day before the holiday and on the first scheduled work day following the holiday.

b. A new or rehired employee shall receive pay for any holiday immediately

preceding his/her first day of work provided the holiday is the first working day(s) of the month.

c. A continuing employee who is on approved leave without pay, temporary

layoff, or furlough for a period of not more than twenty (20) calendar days, including holidays, shall receive pay for any holiday occurring in that period.

d. A terminating employee shall receive pay for any holiday immediately

following his/her last day of work provided the holiday is the last working day(s) of the month.

e. Part-time employees shall be eligible to receive proportionate holiday pay

up to a maximum of eight (8) hours per holiday.

2. A full-time employee in a limited (casual) position and any part-time employee shall receive proportionate holiday pay up to a maximum of eight (8) hours per holiday based on hours on pay status, excluding holiday hours, over one-half (1/2) of the full-time working hours of the month or quadri-weekly cycle. Holiday pay is not granted for a holiday that occurs before the first day of work for a new or rehired employee or after the last day of work for a terminating employee.

3. No employee shall receive holiday pay for any holiday which is immediately

preceded by or followed by an unauthorized absence. B. Holidays Observed

The following days shall be granted as holidays: New Year's Day Martin Luther King's Birthday President's Day Cesar Chavez Day as designated by the Chancellor (the last Friday in March) Memorial Day Independence Day Labor Day Veterans’ Day Thanksgiving Day Day after Thanksgiving

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Christmas Eve Christmas Day New Year’s Eve Holidays are considered to extend over a twenty-four (24) hour period, but no employee may receive more than eight (8) hours of holiday pay for each holiday. If the University establishes a new holiday, the new holiday will be added to the above list of holidays observed.

C. Holidays on Saturday or Sunday

When a holiday falls on a Sunday, the following Monday is observed as a holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday unless an alternative day is designated by the President of the University.

D. Compensation for Holiday Work

When an employee's work schedule requires him/her to work on an observed holiday the employee shall be paid at one and one-half (1-1/2) times his/her regular hourly rate of pay. Such employee(s) shall also receive eight (8) hours holiday pay at his/her base rate of pay plus any shift differential.

E. Alternate Full-Time Work Schedule

An employee on an alternate full-time work schedule is entitled to the same number of holidays and the same number of paid holiday hours as are granted to regularly scheduled employees. An employee whose regular day off falls on a holiday observed by the University shall receive eight (8) hours holiday pay at his/her base rate of pay plus any shift differential.

F. Special or Religious Holidays

An employee may observe a special or religious holiday, provided work schedules permit and provided that the time off is charged to accrued vacation, accrued compensatory time, if any, or is without pay.

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ARTICLE 17 - VACATION A. Definition

For purposes of this Article, a vacation accrual period is defined as one quadri-weekly cycle (i.e., two bi-weekly pay periods) for those employees who are paid bi-weekly.

B. Eligibility to Earn Vacation

An employee who is appointed at fifty percent (50%) time or more of full time for a period of six (6) months or more is eligible to earn vacation from the date of his/her appointment. An employee who is not eligible to earn vacation by the nature of the appointment becomes eligible to earn vacation after six (6) continuous months on pay status at fifty percent (50%) time or more of full time.

C. Qualifying Service to Determine Vacation Credit Earning Rates

Qualifying service to determine the rate of vacation credit shall be calculated as follows:

1. A month of service at one-half time or more is a month of qualifying service. Service prior to January 1, 1972, shall be included in determining length of service, but increased vacation benefits resulting from the change from full-time equivalent service to service at one-half time or more shall apply only to vacation credit earned after January 1, 1972.

2. Payment for service must have been made by the University or the State of

California. 3. Time on military leave from the University or the State of California is included. 4. Service need not be continuous.

D. Vacation Credit Earning Rates

Vacation credit shall be earned by an eligible employee beginning the first of the month during which the required qualifying service is completed, at the following rates:

1. At the rate of .057692 hours per hour for an employee who has rendered less

than ten (10) years of qualifying service; 2. At the rate of .069231 hours per hour for an employee who has rendered at least

ten (10) but less than fifteen (15) years of qualifying service;

3. At the rate of .080769 hours per hour for an employee who has rendered at least fifteen (15) but less than twenty (20) years of qualifying service; and,

4. At the rate of .092308 hours per hour for an employee who has rendered twenty

(20) years or more of qualifying service. E. Vacation credit for eligible employees is earned each vacation accrual period based on

the number of hours on pay status for that vacation accrual period at a rate determined

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by the length of qualifying service. Employees must be on pay status at least one half the working hours of a vacation accrual period to earn vacation credit for that vacation accrual period.

F. Accrual of Vacation

An employee shall accrue full or proportionate vacation credit for a vacation accrual period. The following criteria and procedures shall control vacation credit accrual:

1. Vacation credit shall accrue during leave with pay.

2. Vacation credit for each month shall be credited at the end of the month, except

that an eligible separating employee accrues proportionate vacation through the last day on pay status.

3. A full-time career employee who is on approved leave without pay receives full

vacation credit for a month during which he/she is on pay status at least one-half the working hours of the month.

4. Vacation credit shall not accrue for time on pay status in excess of the full-time

working hours in a month. 5. A full-time employee shall not accrue vacation credit in excess of an amount

equal to two (2) times the employee's yearly accrual rate, except as provided in Section H.3. below. A part-time employee shall accrue vacation credit to the same maximum number of hours as a full-time employee with comparable years of service.

G. Waiting Period to Take Vacation

1. An employee who earns vacation from the date of his/her appointment shall not use such vacation until completing six (6) continuous months on pay status at fifty percent (50%) time or more.

2. An eligible employee who was employed from the State of California following

completion of six (6) months of State service at one-half time or more shall not serve another waiting period if the change did not involve a break in employment of more than fifteen (15) calendar days.

3. An eligible reemployed individual who previously completed the required waiting

period may use vacation credit without serving another waiting period, provided the break in service was less than six (6) months.

H. Scheduling of Vacation

Vacation leave shall be scheduled subject to the operational requirements needs of the University and in accordance with the following: 1. An employee may request that an absence for illness, disability, or personal

reasons (for example, special or religious holidays) be charged to vacation. Such request shall not be unreasonably denied, however, vacation credit shall

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not be used prior to the time it is accrued. 2. Vacation schedules shall be established in each shop or work location on the

basis of seniority in an employee’s classification and vacation schedules shall be posted in each shop or work location. An employee may split his/her vacation requests, but preference according to seniority shall only apply to an employee's first such request. Vacation requests will be submitted during the month of March for vacations to be taken between April 1 of the same year and March 30 of the following year. Requests submitted after March 30, will be approved on a “first-come, first-served” basis. Exceptions to this procedure may be granted to accommodate an employee who wants to make long-term vacation plans.

3. Upon request, an employee shall be granted vacation before the employee's

accrued credit reaches the maximum which the employee can accumulate. An employee shall be notified sixty (60) calendar days and thirty (30) calendar days before reaching the maximum vacation credit which he/she can accumulate. If an employee cannot schedule vacation due to operational considerations that employee shall have, on a one-time basis, an additional four (4) months within which he/she must take vacation to bring his/her accruals below the maximum. Vacation credits shall continue to accrue during this four (4) month period.

4. Requests for vacation leave that do not meet the requirements of Section H.2

above, may be granted subject to the operational needs of the University, provided that they are requested at least four (4) work days in advance.

5. Personal emergency vacation days may be granted at the discretion of

supervision. The request for such emergency vacation shall be made either orally or in writing through the immediate supervisor and/or his or her designee. Verification of the emergency may be required and, if required, must be submitted to the immediate supervisor and/or his or her designee prior to vacation payment authorization.

6. Except as provided in Section I.2 below, an employee shall not be paid vacation

for the same period that he/she is working and on pay status in the employee's present position, or any other position paid by University funds.

7. Management shall approve or disapprove an employee’s vacation request within

seven (7) University business days of the date on which the request was made. When management approves an employee’s vacation request, said approval will not be rescinded absent a major emergency. For purposes of this Article, a major emergency is defined to mean an occurrence of a serious nature, developing suddenly and unexpectedly, and requiring immediate action to protect life, safety, and health.

8. When requests for vacation are made in accordance with this MOU, Departments

will not unreasonably deny those requests when staffing and workload levels support the University’s mission. The University will respond to any requests for information from the Union pursuant to the Higher Education Employer Employee Relations Act (HEERA).

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I. Transfer of Vacation

1. An employee who is transferred, promoted, or demoted from one University position to another University position or funding source in which the employee will accrue vacation credit and can transfer credit shall have vacation credit transferred.

2. An employee who is transferred, promoted, or demoted to another University

position in which the employee will not be eligible to accrue vacation credit, cannot transfer vacation credit, or who is transferred to or from Department of Energy contracts shall be paid for accrued vacation.

J. Terminal Vacation Pay

An eligible employee who separates from University employment or who is granted extended military leave shall be paid for vacation credit accrued through the employee's last day of work. Such terminal vacation shall be paid to the next highest hundredth hour. The effective date of separation shall be the last day of work, except that an employee who is retiring may use vacation up to the effective date of retirement.

K. Campus Winter Closure

In years when the University implements a Campus Winter Closure during the life of this Agreement, the University and the Union mutually agree to implement said Closure period as follows:

1. Bargaining unit employees will have the personal option to do one of the

following:

a. Voluntarily choose to use vacation day(s), accrued Compensatory Time Off (CTO), or leave without pay (LWOP) in the same manner that said options are made available to policy- covered employees;

b. By the first Friday each November, employees may identify themselves

as available to work on any days during the Campus Winter Closure not designated as a paid holiday. The University will inform the employees who have so identified themselves of work available no later than the last Friday in November. The University shall provide work for up to thirty (30) employees and shall select employees from said volunteer list (1) by seniority, and (2) based on project and applicable skill set. After the University selects employees as described above, any employees remaining on the volunteer list will be granted vacation, CTO or LWOP in accordance with Section K(1)(a) above.

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ARTICLE 18 – SICK LEAVE A. Sick leave is provided to continue the salary of eligible employees who would otherwise

be on pay status but who are unable to work because of illness, injury or disability. Sick leave is also provided for medical, dental and/or appointments for examinations or treatment by a licensed practitioner for the employee or the employee’s family member and, on a limited basis, in the event of death or illness of a family member.

B. Definition

For purposes of this Article, a sick leave accrual period is defined as quadri-weekly (i.e., two bi-weekly pay periods) for employees who are paid bi-weekly.

C. Eligibility

An employee shall accrue full or proportionate sick leave credit for a sick leave accrual period. The following criteria shall apply: 1. An employee must be on pay status at least one-half of the working hours of a

quadri-weekly cycle to accrue sick leave for that accrual period. 2. Sick leave shall accrue during leave with pay.

D. Accrual

Sick leave accrues each sick leave accrual period based on the percent of time or number of hours on pay status during that accrual period. Sick leave accrues at the rate of .046154 hours per hour for full-time employment.

1. Sick leave for each sick leave accrual period shall accrue at the end of the sick

leave accrual period, except that an eligible terminating employee shall accrue proportionate sick leave through the last day on pay status.

2. Sick leave shall not accrue for time on pay status in excess of forty (40) hours in

any workweek.

3. There is no maximum on the amount of sick leave that may be accrued.

4. A full-time career employee who is on approved leave without pay accrues full sick leave credit for that sick leave accrual period provided the employee is on pay status at least one-half the working hours of the sick leave accrual period.

E. Use of Sick Leave

An employee shall be permitted to use accrued sick leave as provided below:

1. An employee shall not use sick leave prior to the time it is accrued. 2. Sick leave, which shall be reported and available for use, will be the full accrual

rounded down to the nearest quarter hour. The balance not available for use shall be retained in the employee’s sick leave accrual account.

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3. An employee shall not use accrued sick leave beyond a predetermined date of

separation, including retirement or layoff, or any leave without pay. 4. Proof of illness or disability may be required from an employee when a pattern of

abuse is apparent to the supervisor and after review with management.

5. The use of accrued sick leave is allowed for pregnancy-related illnesses or disabilities as in the case of other illnesses, but not beyond a predetermined date of separation or leave without pay.

6. In addition to use of sick leave as stated in paragraph 5 above, a pregnant

employee on approved leave without pay on the date of confinement is entitled to use accrued sick leave beginning on the date of confinement and continuing through the period that she is physically unable to perform the normal duties of her job.

7. An employee shall be permitted to use not more than thirty (30) days of accrued

sick leave in any calendar year when required to be in attendance or to provide care because of the serious illness of the employee’s mother, father, same- or opposite-sex domestic partner, husband, wife, son, daughter, including the child of a same- or opposite-sex domestic partner, brother or sister; grandparent, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, or step relatives; or any other related person for whom the employee has a personal obligation and who is residing in the employee’s household.

8. An employee who becomes ill while on vacation shall be permitted to use accrued

sick leave if that employee is under the care of a physician and submits a physician’s statement but may not use accrued sick leave in the event of illness of a family member.

9. Bereavement Leave: An employee shall be permitted to use not more than five (5)

days of accrued sick leave when that employee’s attendance is required due to the death of the employee’s mother, father, husband, wife, son, daughter, brother, sister, mother-in-law, father-in-law, or grandparents; or of any other related person who resided in the employee’s household. If the employee needs additional time, based on a personal obligation, the employee may request vacation time and up to five (5) days of accrued vacation leave shall be granted. The employee may request additional vacation time and, subject to operational needs, the vacation request will not be unreasonably denied. Management may, at its discretion, request documentation regarding the need for the additional time.

10. An employee who has accrued sick leave but who is presently employed less than

one-half time may use accrued sick leave, but not in excess of that employee’s present scheduled hours of work for any day.

F. Sick Leave Pay

Sick leave is paid at the employee’s straight-time rate of pay including any shift differential, provided that the employee would have been expected to work that shift or shifts if not on sick leave.

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G. Sick Leave Verification

1. The University may require reasonable documentation regarding an employee’s leave absence when absences exceed three consecutive scheduled days of work.

2. When medical documentation is required by the University, it shall be from a

health practitioner licensed by the state in which he or she practices to diagnose and certify illness or disability or from an authorized representative of a recognized treatment program.

3. Employees who have unscheduled absences due to illness on a scheduled work

day preceding or following a holiday may be required to bring a medical verification of illness to the employee’s supervisor on the employee’s return to work in order for the absence to be authorized as sick leave.

H. Transfer and Reinstatement of Sick Leave

1. An employee who is transferred, promoted, or demoted from one University position to another University position in which sick leave accrues and can be transferred shall have the sick leave transferred. An employee who is transferred, promoted, or demoted to a position in which sick leave does not accrue or in which sick leave cannot be transferred shall not have accrued sick leave transferred. However, if the employee later transfers to a position in which sick leave accrues, the previously accrued sick leave shall be reinstated.

2. An employee who is reemployed after a break in service of less than fifteen (15)

calendar days shall have all accrued sick leave from prior service reinstated.

3. An employee who is reemployed after a break in service of fifteen (15) calendar days or more but less than six (6) months shall have accrued sick leave from prior service not in excess of eighty (80) hours reinstated.

4. State of California service is included as University service for the purpose of

applying paragraphs 2 and 3 above.

5. An employee who has been laid off and who is recalled or preferentially rehired within the employee’s period of recall or preferential rehire eligibility shall have all accrued sick leave from prior service reinstated.

I. Conversion of Sick Leave Upon Retirement

Upon retirement, members of the University of California Retirement Plan shall have their accumulated sick leave converted to retirement service credit at the rate authorized by the University of California Retirement Plan for each day of unused accrued sick leave.

J. Catastrophic Illness/Injury Leave Program

Any bargaining unit employee may participate in a campus or hospital catastrophic illness/injury leave program in accordance with the provisions of UCLA’s programs.

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ARTICLE 19 – WORK-INCURRED INJURY OR ILLNESS A. This Article sets forth the application of sick leave and vacation for employees who are

unable to work due to a work-incurred injury or illness compensable under the California Workers' Compensation Act and applicable California Workers’ Compensation laws, regulations, and guidelines and provides extended sick leave for such employees when sick leave is exhausted and when employees are still unable to work because of such injury or illness. In order to be treated by their own doctors, employees must file a written “Designation of Treating Physician” with their department prior to any illness or injury occurring.

B. Pre-Designation of Personal Physician

1. An employee may be treated by their own personal physician within the first 30 days of a work-related injury or illness if the employee has a “Pre-Designation of Personal Physician” form on file with their department prior to an occurrence of an illness or injury. The personal physician’s requests for services may be subject to utilization review. Treatment, reporting and billing must be in accordance with California Workers’ Compensation laws, regulations, and guidelines. Additionally, if an employee has a “Notice of Personal Chiropractor or Personal Acupuncturist” on file with their department prior to the injury or illness, after 30 days, the employee may be able to transfer care to the personal chiropractor or acupuncturist for a maximum of 24 visits, after which, this type of provider would no longer qualify to remain as the personal physician.

2. The claims administrator has the right to select the employee’s treating doctor for

the first 30 days after the employer knows of a work-related injury or illness. After the first 30 days, the employee may be treated by a physician or facility of their choice within a reasonable geographic area.

C. Use of Accrued Sick Leave and Vacation

1. An employee who accrues sick leave and vacation shall be permitted to use accrued sick leave and vacation to supplement temporary disability payments received under the California Workers' Compensation Act.

2. Sick leave and vacation payments shall be the difference between the amount

payable to the employee under the Workers' Compensation Act and the employee's regular salary. The additional payment made to an employee to provide the employee with the full salary prior to receipt of disability payments shall be deemed an advance temporary disability payment within the Workers' Compensation Act.

3. An employee who receives advance temporary disability payment shall

reimburse the University for such payment. The reimbursement is used to restore proportionate sick leave and vacation credit as appropriate.

4. An employee who is receiving temporary disability payments and supplemental

sick leave or vacation as described in Sections C.1. through 3. above, is considered on regular pay status, except for completion of the probationary

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period. Sick leave and vacation accrued during this period may be used as soon as they accrue.

D. Extended Sick Leave

1. An employee who remains disabled and who continues to receive temporary disability payments and who has exhausted all accrued sick leave shall receive extended sick leave payments from the University in an amount equal to the difference between the payments from Workers' Compensation and eighty percent (80%) of the basic salary plus any shift differential which the employee would have received. If such an employee returns to part-time University duties, the earnings plus any temporary disability payments, if less than eighty percent (80%) of basic salary plus shift differential, shall be supplemented to eighty percent (80%) by extended sick leave payments, provided the employee continues to be medically authorized for Workers' Compensation temporary disability. Total extended sick leave payments shall not exceed twenty-six (26) weeks for any one injury or illness. Extended sick leave constitutes an advance against permanent disability payments.

2. An eligible employee who does not have sufficient accrued sick leave to cover

the three (3) calendar days' waiting period for receiving Workers' Compensation payments shall receive extended sick leave payment to cover any part of the waiting period not covered by sick leave. Payment shall be made only after determination that the injury or illness is compensable under Workers' Compensation.

3. An employee who elects not to use all sick leave is not eligible for extended sick

leave benefits.

4. An employee who is receiving temporary disability payments and extended sick leave benefits is considered to be on regular pay status, except for completion of the probationary period. However, sick leave and vacation accrued during this period are credited to the employee only upon return to work. If an employee separates without returning to work, the employee shall be paid for vacation for the period the employee received extended leave payment.

E. Leave Without Pay

An employee on leave without pay and receiving temporary disability payments, accrues sick leave and vacation on the same basis as if regularly employed. Such accrued sick leave shall only be credited to the employee upon return to work. Vacation leave accrued while the employee was receiving temporary disability payments shall be credited to the employee if the employee returns to work. If an employee separates without returning to work, payment shall be made for the accrued vacation credit.

F. Family and Medical Leave

An employee who is receiving supplemental leave (sick leave and/or vacation) and/or extended sick leave as described in Sections C. and D. above, shall have that time counted towards the 12-workweek entitlement to family and medical leave, provided that

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the employee is entitled to leave pursuant to Article 23 - Leaves of Absence without Pay.

G. Right to Representation

While on medical leave, an employee has a right to union representation in accordance with the provisions of this Agreement.

H. Separation

An employee shall not use vacation, sick leave, or extended sick leave to supplement Workers' Compensation payments beyond a predetermined date of separation or leave without pay. Any vacation credit remaining on the date of separation shall be paid on a lump-sum basis.

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ARTICLE 20 – MEDICAL SEPARATION A. Employees who become unable to perform the essential, assigned functions fully, due to

disability or medical conditions, may be separated.

1. Employees separated under this Article who had attained regular status are eligible for special reemployment procedures.

2. The University shall pay the costs of any medical examinations required by the

University. B. Basis for Separation

1. A medical separation shall be based at least on a UCLA statement describing the essential functions the employee is unable to perform satisfactorily; and

2. Any pertinent information, including medical information provided by the

employee’s or UCLA’s health care practitioner. 3. A medical separation may also be based on the employee’s receipt of disability

payments from a retirement system to which the University contributes. 4. An employee shall not be separated under this Article while he/she has accrued

sick leave or while the employee is on extended sick leave.

C. Notices

1. Notice of Intent. Advance written notice of the intention to medically separate the employee shall be given. The notice shall:

a. State the reason(s) for the medical separation; b. Include a copy of any pertinent materials, including medical information

provided by the employee’s or the University’s health care practitioner; c. State the essential functions which the employee is unable to perform

satisfactorily; and, d. State that the employee has the right to respond in person or through a

representative within fourteen (14) calendar days from the date of the notice. Such response may be oral or in writing.

2. Notice of Separation. After review of the employee’s timely response, if any, the

University shall notify the employee of its determination and the date of the separation. The notice of separation shall state the employee’s right to appeal pursuant to the Grievance Procedure and the Arbitration Procedure.

D. Special Reemployment Procedures

For a period of one (1) year following the date of a medical separation, a former regular status employee may be selected for a position within the bargaining unit without the

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requirement that the position be posted. However, if the former employee is receiving disability benefits from a retirement system to which the University contributes, the period shall be three (3) years from the date benefits commenced. During such periods an employee shall be given assistance in accordance with Article 21 – Reasonable Accommodation.

E. Service Upon Reemployment

If a non-probationary career employee separated under this Article is reemployed within the allowed period, a break in service shall not be deemed to have occurred.

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ARTICLE 21 – REASONABLE ACCOMMODATION A. Subject to applicable State and Federal Law, the University will provide reasonable

accommodation to qualified employees who become disabled when such disabilities limit the essential functions of their positions. The University shall engage in the interactive process and shall offer special selection procedures, subject to defenses available under applicable law.

1. As part of the interactive process, the University shall analyze the affected

employee’s position. Such analysis shall identify essential functions (critical and important tasks) and conditions of the work environment to aid in determining if reasonable accommodations can be made for the employee’s disability without undue hardship. When appropriate, a similar accommodation analysis shall be conducted of other open positions for which the employee may apply and is otherwise qualified.

2. The employee is responsible for providing the medical documentation necessary

to assist in understanding the nature of any required accommodation to a disability. Such documentation shall relate specifically to the job analysis information provided by the University and shall, at the University’s option, be subject to confirmation by a University-appointed physician. The University shall pay the cost of a University-appointed physician.

B. Trial Employment

When recommended by the vocational rehabilitation counselor and approved by the appropriate University official, a qualified employee or non-probationary former employee with a disability may be offered temporary trial employment in a position within the unit to evaluate the employee’s interests and abilities. The length of this trial employment shall not exceed one (1) year. Positions used for trial employment shall be designated as casual.

C. Special Selection for Other Positions

A regular status employee who becomes disabled and who has received vocational rehabilitation services may be selected for a position within the unit without the requirement that the position be posted when approved by the designated University official.

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ARTICLE 22 – LEAVES OF ABSENCE WITH PAY A. Jury Duty/Grand Jury Duty

1. A full-time career employee shall be granted leave with pay for actual time spent on jury service and in related travel, not to exceed the employee’s scheduled number of hours of work.

2. During the time an employee is responsible to the court for daytime jury duty, the

University will convert the employee’s usual work shift to a regular five day, Monday through Friday, day shift.

3. During the time an employee is responsible to the court for night time jury duty,

the University will convert the employee’s usual work shift to a regular five day, Monday through Friday, evening shift. Such an employee will receive shift differential only for hours actually worked on the evening shift.

B. Witness Leave

1. When served with a subpoena which compels the employee’s presence as a witness, a full-time employee in a career position on any shift or work schedule shall be granted leave with pay for actual time he/she was required to spend at the administrative or legal proceedings, including but not limited to proceedings convened by the Public Employment Relations Board (PERB), and in related travel, not to exceed the number of hours in the employee’s normal work day and the employee’s normal work week. A part-time employee in a career position shall be granted leave with pay for time spent at the proceedings and in related travel which occur during the employee’s regularly scheduled hours of work. Leave with pay shall not be granted when an employee is the plaintiff or defendant in a non-University proceeding, is called or subpoenaed as a paid expert witness not on behalf of the University, or is called or subpoenaed because of duties for another employer.

2. One (1) Teamsters Local 2010 (non-subpoenaed) bargaining unit member

employed at UCLA may attend on Union-reimbursed paid release time, Public Employment Relations Board (PERB) proceedings that pertain to UCLA, scheduled at the PERB offices or other PERB-designated location, as ordered by the PERB, or as mutually agreed to by the parties. Up to two (2) additional Teamsters Local 2010 members may, if operationally feasible, attend the aforesaid proceedings and/or meetings. UCLA will not arbitrarily deny these particular requests for release time and Teamsters Local 2010 will reimburse UCLA for the attendance of these two additional Teamsters Local 2010 members as referenced above. Other bargaining unit members, including stewards, may attend PERB proceedings utilizing compensatory time off (CTO) or vacation in accordance with Article 14 (Overtime) and Article 17 (Vacation).

C. Blood Donations

An employee may be granted leave with pay during his/her regularly scheduled hours of work for time actually spent whilst donating blood for plateletpheresis at the UCLA Blood Donor Center. Such leave shall not exceed two (2) hours per donation. Scheduling of

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such leave must be arranged with and approved by the employee’s immediate supervisor. Granting such leave is subject to operational requirements. The employee’s Department, upon receipt of a valid Certificate of Blood Donation, shall credit the donating employee in accordance with University policy. If, during the term of this Agreement, the University implements any new provision(s) to its policy, including a provision for double blood donations, applicable to staff employees, such provision(s) will apply to employees covered by this Agreement.

D. Community Service Leave A non-probationary, career employee with satisfactory performance may be granted release time not to exceed twenty-four (24) hours per calendar year in order to provide volunteer services to University-sanctioned non-profit organizations engaged in charitable or community service efforts. A written request to take community service leave shall be submitted to the employee’s supervisor and release time must be approved in advance by the Department head or designee. Employees taking community service leave shall be required to provide proof of service upon returning from the leave. Said requests shall not be unreasonably denied.

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ARTICLE 23 – LEAVES OF ABSENCE WITHOUT PAY In accordance with the provisions of this Article, a leave of absence without pay may be approved by the University. A. Requests for Leave

1. Except as provided under Family Care and Medical Leave Notification, requests for leaves of absence and extensions shall be submitted in writing to the University. Such requests shall be submitted sufficiently in advance of the requested leave date to provide the University time to assess the operational impact of granting the request. All requests for leaves of absence, including intermittent leave, shall contain the requested beginning date, end date and estimated duration of the leave and any additional information as required.

2. The duration, terms and the date of return shall be determined when the leave is

granted. Except as provided elsewhere in this Article, the total leaves of absence taken in any combination shall not exceed six (6) months.

3. An employee shall not be granted a leave of absence beyond the ending date of

the employee’s appointment or predetermined date of separation. B. Benefit Eligibility While on Leave

1. Approved leave without pay shall not be considered a break in service.

2. If an employee is on approved leave without pay for more than fifty percent (50%) of the full-time working hours in a calendar month, sick leave and length of service do not accrue. Vacation leave accrues based on the number of hours on pay status.

3. An employee on an approved FMLA leave shall be entitled to continue

participation in health plan coverage (medical, dental and optical) as if on pay status for a period of up to twelve (12) workweeks in the leave year.

4. An employee on an approved non-FMLA leave without pay may elect to continue

University-sponsored insurance coverage (as determined by plan documents) for the period of leave at the employee's expense.

5. An employee’s request for leave without pay shall not be unreasonably denied if

the employee has exhausted his/her vacation leave and compensatory time off. C. Types of Leave Family Care and Medical Leave

Family Care Leave includes Parental Leave and Family Illness Leave. Medical Leave is provided for the employee's own serious health condition.

1. Eligibility. Employees who have at least twelve (12) cumulative months of

University service and at least 1,250 hours of actual hours worked during the

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twelve month period immediately preceding the commencement of the leave are eligible for and shall be granted up to a total of twelve (12) workweeks of Family Medical Leave (FMLA) during the leave year. For employees who work part-time or a schedule other than an 8/40, the number of FMLA leave hours to which the employee is eligible shall be adjusted in accordance with his/her normal weekly work schedule.

2. Notice. The employee shall give the University at least thirty (30) calendar days

notice of the need for leave if the leave is foreseeable. The employee shall make reasonable efforts to schedule the medical procedure so as not to unduly disrupt University operations. An employee who fails to provide thirty (30) days notice with no reasonable basis for the delay, may have the leave delayed until thirty (30) days after the date on which the employee provided notice.

If the need for the leave is unforeseeable, or occurs prior to the anticipated date, the employee shall provide as much notice as practicable, but at least two business days of when the need for the leave became known to the employee.

3. Certification. For a leave for the employee's own serious health condition, the

University may require that an employee provide written certification from the employee's health care provider. The certification shall include: a statement that the employee has a serious health condition, a statement regarding what functions of the employee's position the employee is unable to perform, the date the serious health condition commenced (if known), probable duration of the condition, whether it will be necessary for the employee to take intermittent leave or work on a reduced leave schedule, probable return date and any other information related to the employee's condition and the employee's need for leave.

For a leave for the employee to care for a family member the University may require that an employee provide written certification from the family member's health care provider. The certification shall include: a statement that the family member's serious health condition warrants the participation of the employee to provide supervision or care during the period of treatment or incapacity, the probable duration of the employee's need to provide care and whether the employee's family member will need care from the employee intermittently. In addition, the employee may be required to certify the care that he/she will provide to the family member.

If there is any question regarding the validity of the certification for the employee's own serious health condition, the University may, at its discretion, require the employee to obtain a second medical opinion from a health care provider selected by the University. If the second opinion differs from the first opinion, the University may require a third medical opinion from a health care provider jointly agreed to by the employee and the University. The University shall bear the cost of the second and third opinion(s).

If additional leave is requested or circumstances change, the University may require recertification.

Certifications or recertifications shall be returned to the University within fifteen

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(15) calendar days, if practicable. Failure to provide it within that time period may result in delay, discontinuance or denial of the leave until the certification/recertification is received. The University may, at its discretion, require an employee requesting family care leave or parental leave to provide documentation of the familial relationship or proof of birth, placement for adoption or foster care. Failure to provide such documentation within fifteen (15) calendar days may result in delay, discontinuance or denial of the leave until the documentation is received.

4. Use of Accrued Paid Leave. Family Care and Medical Leave is unpaid,

however, an employee on medical leave for his/her own serious health condition shall use accrued sick leave in accordance with the University's disability plan or as provided in Article 19 - Work Incurred Injury or Illness. Employees not eligible for University disability benefits and not on leave due to a work incurred injury or illness shall use all accrued sick leave prior to taking leave without pay. If sick leave is exhausted, an employee may elect to use accrued vacation leave prior to taking leave without pay.

An employee on Family Care Leave for Family Illness may use sick leave in accordance with Article 18.E.7, Sick Leave or an employee may elect to use accrued vacation leave prior to taking leave without pay.

An employee on Family Care Leave for Parental Leave may elect to use accrued vacation leave prior to taking leave without pay.

If an employee's vacation leave accrual is at maximum, the employee will be required to use at least ten percent (10%) of the vacation leave prior to taking leave without pay for any Family Care and Medical Leave.

5. Duration. Family Care and Medical Leave shall not exceed twelve (12)

workweeks in any calendar year and the leave year shall commence on January 1 of each year. In the event the University policy and/State or Federal Law result in a different date of commencement for this twelve-month period, the commencement period for employees in this bargaining unit shall conform to the commencement date generally applicable to other University employees.

Parental Leave

Parental Leave is a leave to care for the employee's newborn or a child placed with the employee for adoption or foster care and shall be initiated and concluded within one (1) year of the birth or placement of the child. The University will grant a parental leave subject to the limitations described below.

1. Requests. The employee shall request Parental Leave sufficiently in advance of

the expected birth date or placement of the child to allow the University to plan for the absence of the employee. The anticipated return date shall be set at the time such leave commences.

2. Duration. Parental leave shall not exceed twelve (12) workweeks in the leave

year. When parental leave is combined with a leave for pregnancy-related and/or pregnancy disability, the total Family Care/Parental Leave shall not exceed

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seven (7) months in a leave year. Parental Leave For School Activities

An employee who is the parent, guardian, or grandparent with custody of a child in grades Kindergarten through 12, or a child attending a licensed day care facility, may take off up to forty (40) hours per calendar year (but no more than eight (8) hours in any one calendar month) to participate in activities of the school or licensed day care facility. The employee must provide reasonable notice and may elect to substitute accrued vacation, PTO (if applicable), and/or compensatory time off for this purpose.

The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in the preceding paragraph on a specific date and at a particular time. For purposes of this paragraph, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable.

Pregnancy Disability Leave

During the period of verified pregnancy-related disability and/or childbearing disability, an employee is entitled to and the University shall grant up to four (4) months of Pregnancy Disability Leave. If the employee is entitled to FMLA leave, such leave shall be deducted from an employee's FMLA leave entitlement.

If the pregnancy-related/childbearing medical disability continues beyond four (4) months, a personal leave of absence may be granted in accordance with the provisions in this Article, for a total medical absence not to exceed six (6) months. Additionally, the employee may be eligible for Parental Leave, pursuant to this Article, to care for a newborn child. The total Family Care Leave when combined with Pregnancy Disability Leave shall not exceed seven (7) months in the leave year.

Pregnancy Disability Leave may consist of leave with or without pay, however, an employee shall be required to use accrued sick leave in accordance with the University's disability plan. If sick leave is exhausted, the employee may elect to use accrued vacation time prior to taking leave without pay.

When medically necessary and supported by medical certification, the University shall grant an employee Pregnancy Disability Leave on a reduced work schedule or an intermittent basis.

Personal Leave

An employee in a career position may be granted a personal leave for the employee's convenience, subject to the operational needs and requirements of the University. Such leaves shall not normally exceed six (6) months and may be granted for reasons such as extended illness; need to provide care for members of the family; education which will directly increase job effectiveness; adoption of children; or in addition to leave for childbearing as provided in this Article. In special situations, temporary employment or to provide volunteer duty in times of natural disaster outside the University may be approved as a personal leave provided that the outside work is in the interest of public

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service and/or will be beneficial to the University upon the employee's return.

At the sole discretion of a department head, a personal leave may be extended up to twelve (12) months.

D. Reinstatement

An employee granted a Family Care and Medical Leave shall be reinstated to the same or similar position in the same department upon expiration of the leave if the employee returns to work immediately following the twelve (12) workweeks of Family Care and Medical Leave. An employee granted Pregnancy Leave shall be reinstated to the same position in the same department upon expiration of the leave if the employee returns to work immediately following the up to four (4) months of Pregnancy Disability Leave. If the position has been abolished or affected by layoff during the leave, the employee shall be afforded the same considerations which would have been afforded had that employee been on pay status when the position was abolished or affected by layoff.

An employee who has exhausted his/her original leave entitlement and who has been granted additional leave under Personal Leave, shall be reinstated to the same or similar position in the same department upon expiration of the leave. An employee who has been granted a leave for his/her own serious health condition shall provide a medical release in order to return to work. Failure to provide the release may result in the delay or denial of reinstatement.

E. Definitions

(For purposes of the Family Care and Medical Leave Section of this Article only)

1. The leave year is the year in which the employee is eligible for up to 12 workweeks of leave.

2. The qualifying year is the 12-month period immediately preceding the date on

which the employee requests to commence a leave and in which the employee must have worked 1,250 hours to be eligible for Family Care and Medical Leave.

3. Parental leave is leave to care for a newly born or newly adopted child or

placement of a foster child.

4. Family illness leave is leave to care for the employee's child, parent or spouse with a serious health condition.

5. Medical leave is leave for the employee's own serious health condition that

makes the employee unable to perform any of the essential assigned functions of the employee's position.

6. Child means a biological, adopted or foster child, a step child, a legal ward, or a

child of a person standing in loco parentis who is either under 18 years of age or an adult dependent child.

7. Parent means a biological, foster or adoptive parent, a stepparent, a legal

guardian or an individual who stood in loco parentis to the employee when the

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employee was a child. Parent does not include the employee's grandparents, or mother-in-law or father-in-law.

8. Spouse means a partner in marriage, as well as same or opposite sex domestic

partner.

9. Employee's serious health condition means an illness, injury, impairment, physical or mental condition that makes an employee unable to perform any of the essential assigned functions of his/her position and involves one of the following:

a. inpatient care in a hospital, hospice, or residential medical care facility, or

b. continuing treatment by a health care provider for a period of incapacity of

more than three (3) consecutive calendar days, or any period of incapacity or treatment due to a chronic serious health condition, or any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.

10. A serious health condition for the purpose of family illness is an illness, injury,

impairment, physical or mental condition of the employee's child, parent, or spouse which warrants the participation of the employee to provide supervision or care during the period of treatment or incapacity.

11. Health care provider means an individual who is licensed in California or is duly

licensed in another state or jurisdiction in various medical disciplines as defined by law.

12. 1,250 hours of actual work does not include any paid time off.

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ARTICLE 24 – MILITARY LEAVE A. General Provisions

An employee is entitled to Reserve Training Leave for Inactive Duty, Temporary Military Leave for Active Duty Training, Extended Military Leave, Emergency National Guard Leave, Military Leave for Physical Examinations and Military Caregiver Leave (see: Appendix G) provided that the employee gives advance verbal or written notice of the leave except when such notice is precluded by military necessity, impossibility or unreasonableness. In any event, the University may require verification of an employee’s military orders.

B. Eligibility for Pay And Benefits 1. General Conditions and Eligibility. An employee granted temporary military leave

for active-duty training or extended military leave is entitled to receive regular University pay for the first thirty (30) calendar days of such leave in any one fiscal year, but not to exceed the actual period of service, provided: a. The employee has at least twelve (12) months of continuous University

service immediately prior to the granting of the leave (any prior military service shall be included in calculating this University service requirement); and

b. such payment for temporary and extended military leave in any combination,

in addition to any University payment for military leave for physical examinations, does not exceed the pay due for a period of thirty (30) calendar days in any one fiscal year.

2. Part-time Employee. An eligible part-time employee shall receive pay in proportion

to the average percent of full-time worked during the three (3) completed monthly pay periods immediately preceding the leave.

3. Ineligible Employee. An employee not eligible for military leave pay may have such

absence charged to accrued vacation or the military leave may be without pay.

4. Monthly/Weekly Drills. Paid leave is not granted for inactive duty such as regular weekly or monthly meetings or weekend drills.

5. Service Credit and Benefits. An employee on temporary military leave for active-

duty training or extended military leave, who is not on pay status shall receive length-of-service credit provided that the employee returns to the University service at the expiration of the leave in accordance with applicable State and Federal laws. Such employee shall accrue vacation and sick leave and receive holiday pay only in accordance with Article 17 - Vacation, Article 18 - Sick Leave and Article 16 - Holidays. An employee on pay status shall receive regular benefits, provided that the employee returns to University service at the expiration of the leave in accordance with applicable State and Federal laws. Retirement benefits and service credit shall be continued in accordance with the provisions of the applicable retirement system regulations. Health benefits may be continued at the employee’s request and expense for a limited period of time as outlined under the University’s group insurance regulations.

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C. Temporary Military Leave for Active-Duty Training

Temporary military leave for active-duty training shall be granted to any employee who as a member of a reserve component of the United States Armed Forces is ordered to full-time active military duty for training for a period not to exceed one hundred eighty (180) days, including time spent traveling to and from such duty.

D. Extended Military Leave Extended military leave shall be granted to an employee who enlists or is ordered into active duty in the United States Armed Forces or a reserve component or who is ordered into active Federal military duty as a member of the National Guard or Naval Militia. Such leave shall be granted for active-duty service at any length or for active-duty training in excess of one-hundred eighty (180) days. 1. Period of Leave. An employee shall be granted extended military leave for the

initial period of enlistment, service, or tour of duty for a period not to exceed five (5) years. In addition, leave shall be granted for a period up to six (6) months from the date of release from duty if the employee requests such extension.

2. Service Credit and Benefits. An employee granted extended military leave shall receive a lump-sum payment for earned salary, and accrued vacation. Upon written request, an employee may elect to retain accrued vacation on the records for a period not to exceed one-hundred eighty (180) days. Vacation credits retained on the records in excess of one-hundred eighty (180) days shall be paid out at the pay rate in effect at the time of payment, taking into account any salary increases that may have occurred in the previous one-hundred eighty (180) day period.

3. Sick Leave. Sick leave credit shall be retained on the records.

E. Probationary Employee An employee who was serving a probationary period at the time extended military leave became effective shall be required to complete the probationary period upon reinstatement.

1. If the probationary employee served in active military service for a period of more

than thirty (30) days, he/she shall not be separated from employment by management action except for cause for six (6) months from the date of reinstatement.

2. If the probationary employee served in active military service for a period in excess of one-hundred eighty (180) days, he/she shall not be separated from employment by management except for cause for one (1) year from the date of reinstatement.

F. Emergency National Guard Leave Military Leave shall be granted to an employee who as a member of the National Guard is called to active duty by proclamation of the Governor during a state of emergency. An employee who as a member of the National Guard is called to active federal military duty at the request of the president of the United States is not eligible for emergency National Guard leave, but shall be granted extended military leave as set forth in section D.

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1. Eligibility for Pay. An employee granted military leave for emergency National

Guard duty is entitled to receive regular University pay for a period not to exceed thirty (30) calendar days in any one (1) fiscal year. An employee is eligible for pay regardless of the length of University service, and such pay is in addition to any University payment for temporary military leave for active-duty training, extended military leave, and military leave for physical examinations.

2. Service Credit and Benefits. An employee on military leave with pay for emergency National Guard duty shall receive all benefits related to employment which are granted when an employee is on pay status. If not on pay status, the employee shall receive length-of-service credit provided that the employee returns to University service immediately after the emergency service is over. Such employee shall accrue vacation and sick leave and receive holiday pay in accordance with Article 17 - Vacation, Article 18 - Sick Leave, and Article 16 - Holidays.

G. Physical Examination Military leave with pay shall be granted to an employee in accordance with Section B. regardless of length of service, when the employee is required to take a pre-induction or pre-enlistment physical examination to fulfill a commitment under a Selective Service or comparable law, or during a period of war or comparable national emergency. 1. Time off for other physical examinations in connection with military service may be

charged to accrued sick leave or vacation or shall be without pay.

2. The University may require verification of an employee’s military orders to report for a physical examination.

H. Reinstatement

Following release from military service, an employee shall have such right to return, and only such right, as may be required by State and Federal law in effect at the time the employee applied for reinstatement. Upon reinstatement, an employee shall receive salary increases applicable to the employee’s position during the military leave as provided by the Agreement.

I. Supplement to Military Pay

The supplement to military pay will extend for a period not to exceed the employee’s tour of active duty, until June 30, 2014, or until the separation date of an employee’s University appointment, whichever comes first. If the University extends the supplement to military pay beyond the above-referenced date for other staff employees, such supplement will be applicable to members of Teamster Local 2010’s bargaining group throughout the life of this Agreement.

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ARTICLE 25 – DISCIPLINE AND DISMISSAL A. Right to Discipline and Dismissal

The University shall have the right to discipline or discharge any non-probationary career employee for just cause as described in Section B below. For purposes of illustration but not limitation, such actions may be taken for misconduct or failure to perform satisfactorily.

B. Types of Discipline

1. The University may discipline an employee by written warning, suspension without pay, demotion, or dismissal.

a. A dismissal is the termination of the employment of a non-

probationary regular status employee initiated by the University for any of the reasons set forth in this article following the implementation of progressive discipline except as provided in Section B.2, below.

b. A demotion is the assignment of an employee from his or her current

position to a position in a class having a lower salary maximum, or to a position at a lower rate of pay, when such assignment is made for disciplinary reasons.

2. At least one written warning shall precede any other corrective action except

when corrective action is the result of performance or conduct that an employee knows or reasonably should have known, was unsatisfactory. Such performance or conduct may include but is not limited to dishonesty concerning facts which the employee knew or with the exercise of reasonable diligence should have known were false, theft, misappropriation of University property, fighting on the job, insubordination, acts endangering others, or other serious misconduct.

3. A verbal counseling or written counseling memorandum does not constitute

discipline for the purposes of this Article. C. Investigatory Interviews – Weingarten Rights

If an employee is asked to meet with the University during any investigatory interview that could result in the imposition of discipline on the employee, the employee shall be entitled, when he or she requests it, to have a representative present during such meeting. The right to representation shall not unduly delay the meeting. The employee and representative, if requested by the employee, shall be on paid status during the investigatory interview.

D. Investigatory Leave

1. In order to review or investigate allegations of conduct which, in the University’s view, would warrant relieving the employee immediately from all work duties,

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the University may place an employee on investigatory leave without prior notice. Investigatory leave periods shall be limited to thirty (30) working days with pay, unless the Union and the University mutually agree to extend the investigatory leave period. If the parties mutually agree to extend the investigatory leave period, then the employee shall remain on pay status.

2. The investigatory leave must be confirmed in writing to the employee and

Teamsters Local 2010 no later than one (1) University business days after the leave is effective. The confirmation must include the reason(s) for and the expected duration of the leave.

3. If, upon conclusion of an investigation, neither suspension without pay nor

discharge is determined by the University to be appropriate, the employee shall be paid for all time on investigatory leave. Investigatory leave may exceed thirty (30) working days.

E. Notice of Intent

1. The University shall provide written notice of the intent to impose a disciplinary suspension without pay for more than five (5) working days, disciplinary demotion and/or dismissal. The written notice shall be given to the employee either by delivery of the notice to the employee in person or by placing the notice of intent in the United States Mail, certified with return receipt requested, addressed to the employee at the employee’s address of record as defined in Article 3 - Definitions, Section B. A copy of the notice of intent shall be sent to Teamsters Local 2010. The University shall also send a copy of the notice of intent to Teamsters Local 2010’s designated representative via email.

2. The notice of intent shall be accompanied by "proof of service" indicating the

date which the notice of intent was personally delivered or mailed to the employee, and this date shall constitute the "date of issuance" of the notice of intent to the employee.

3. The notice of intent shall:

a. Inform the employee of the disciplinary action(s) intended, the

reason(s) for such action(s), and the effective date of the action(s);

b. Include or make available, illustrative materials relied upon to support

the disciplinary action, if any;

c. Inform the employee of the right to respond, either in writing or orally at a meeting with the appropriate University officials, of the employee’s right to representation at any such meeting, the person to whom any response must be directed, and the fact that such response must be received within fourteen (14) calendar days from the date the notice was issued unless the Union and the University mutually agree to an extension of said date; and,

d. Notices of intent shall be issued no later than thirty (30)

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calendar days from the date(s) of the conclusion of all University investigations.

F. Response to Notice – Skelly Hearing

1. After review of an employee’s timely response to a notice of intent, if any, the University shall notify the employee and T e a m s t e r s L o c a l 2 0 1 0 of any action(s) to be taken. Such action(s) may not constitute discipline more severe than that described in the notice of intent.

2. The holding of a Disciplinary Review Conference pursuant to Section G below

will constitute the employee’s response to the University’s notice of intent.

3. Nothing in this Article shall be construed as preventing the University from imposing any discipline it deems less severe than that set forth in the notice of intent without issuing a new notice of intent.

G. Disciplinary Review Conference – Alternative Skelly Hearing

1. Within twenty- one (21) calendar days of the date the notice of intent was issued, the Union may request a Disciplinary Review Conference. Such request shall be directed to the Labor Relations Director’s Office at UCLA Campus Human Resources - Labor Relations or UCLA Health System Human Resources – Labor Relations.

2. Within seven (7) calendar days of the request, the Labor Relations Director or

designee shall convene a Disciplinary Review Conference. At the conference, the Union shall be entitled to give a response, orally or in writing, including any facts or arguments which the employee and/or the Union wishes to convey to the University before the University reaches a final decision on the action(s) to be taken.

3. Within seven (7) calendar days after the conclusion of the conference, the

University will notify the employee and the Union, within the same University business day, of any action(s) to be taken in accordance with Section D above.

4. Within thirty (30) calendar days of the receipt of the University’s decision, the

Union may file for arbitration in accordance with Article 27 - Arbitration Procedure.

5. Deadlines which fall on a University non-business day will automatically be

extended to the next business day.

If the Union utilizes the Disciplinary Review Conference, neither the Union nor the employee can utilize the grievance procedure.

6. No new known additional facts or arguments may be introduced by the parties in

an arbitration hearing that have not been made known to the other party prior to the arbitration.

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7. The time limits set forth in this section may be extended only by the parties’ prior written mutual agreement.

H. Removal Of Written Warnings

Upon the employee’s request, a written warning shall be destroyed eighteen (18) months after the date of issuance if during that time there has been no further disciplinary action taken against the employee. A written warning cannot be used to support subsequent discipline if there has been no further disciplinary action within eighteen (18) months following the issuance of the written warning.

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ARTICLE 26 - GRIEVANCE PROCEDURE

A. Definition, Eligibility, Consolidation, and Representation

1. Definition. A grievance is a claim during the term of this Agreement that the University has violated a written provision(s) of this Agreement.

2. Eligibility. Except as otherwise provided in this Agreement, a grievance may be

brought to the attention of the University through this procedure by an individual employee, a group of employees, or by the Union. A grievance may not be brought through this procedure by the University.

3. Grievants Who Have Resigned

Grievants who voluntarily resign their employment with the University, unless they retire, shall have their pending grievances immediately withdrawn and will not benefit by subsequent settlement or disposition of any individual, union, or group grievances. However, if the grievance is related to compensation negotiated in this Agreement, the grievance may be continued if it has been appealed to Step 2 before the date of resignation.

4. Consolidation. Grievances brought by, or related to, two (2) or more bargaining

unit employees, and multiple grievances by or related to the same employee, which concern the same incident, issue, or course of conduct, may upon mutual agreement of the University and the Union be consolidated for the purposes of this procedure; provided that the time limits described in this Article shall not be shortened for any grievance because of the consolidation of that grievance with other grievances.

5. Representation. An employee shall have the right to be represented at all steps

of the Grievance Procedure by a person or persons designated by Teamsters Local 2010. Said representative(s) shall not be a University employee who has been designated by the University as supervisory, managerial or confidential. One (1) Teamsters Local 2010 representative employed at UCLA may participate on paid release time. The parties may mutually agree to release additional employees on reimbursable union business leave.

B. Procedure

1. a. Informal Review - Step 1. As soon as practicable, the employee may discuss

the grievance with his/her immediate supervisor and/or University representative(s). All parties may informally attempt a resolution of the matter before a formal grievance is filed. Informal resolutions, although final, shall not be precedent setting. If the grievance is not resolved through informal discussion with the immediate supervisor and/or University representative(s), the employee may file a formal grievance as set forth below.

b. Attempts at informal resolution do not extend time limits unless an extension is mutually agreed to in writing by the appropriate Campus or UCLA Health System Labor Relation’s Director or designee and the employee or his/her representative.

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2. Department Review – Step 2. A formal grievance must be filed in writing on a grievance form mutually agreed to by the parties. The appropriate Campus or UCLA Health System Labor Relation’s Office must receive the written grievance within thirty (30) calendar days after the date on which either the employee or the Union knew or could be expected to know of the event or action which gave rise to the grievance or within twenty (20) calendar days after the date of the employee's last day on pay status, whichever occurs first. Formal grievances may be filed by U.S. mail or email in the appropriate Campus or UCLA Health System Labor Relation’s Office and must be received by that office within the time periods referenced herein. Formal grievances filed by email must also be filed as a “hard,” signed copy with the appropriate Campus or UCLA Health System Labor Relation’s Office within seven (7) calendar days after the filing by email. The appropriate Campus or UCLA Health System Labor Relation’s Office will acknowledge receipt of the grievance within five (5) calendar days. Formal grievances must set forth:

a. The specific section(s) and provision(s) of the Agreement alleged to have

been violated;

b. The action grieved and how it violated the above-mentioned provision(s);

c. How the grieving employee (hereafter “grievant”) was adversely affected;

d. Name of the grievant’s representative(s), if any;

e. The date(s) of the occurrence of the alleged violation(s);

f. The date(s) the grievant discussed the alleged violation(s) with his/her supervisor and/or University representative(s), if applicable; and,

g. The remedy or remedies requested.

Within fourteen (14) calendar days following receipt by the Campus or UCLA Health System Labor Relation’s Office of the grievance, the department head or official designee shall review the grievance and shall meet with the employee(s) and his/her representative(s) to discuss the grievance. The department’s written response will be issued to the employee(s), with a copy to his/her representative(s), within fourteen (14) calendar days after the Step 2 meeting. If the department's response is not issued within the established time limits or if the grievance is not resolved, the grievance may be appealed to Step 3.

The parties may mutually agree to waive Step 1 and/or Step 2.

3. Campus or UCLA Health System Labor Relation’s Office Review – Step 3. If

the grievance is not resolved at Step 2, an appeal may be submitted in writing by the grievant(s) or his/her representative(s) to the appropriate Campus or UCLA Health System Labor Relation’s Office. The written appeal must be sent by mail with a proof of service or email and received by the appropriate Campus or UCLA Health System Labor Relation’s Office within thirty (30) calendar days of the date on which the written response to Step 2 was issued or due.

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a. Within twenty (20) calendar days of the receipt of the Step 3 appeal, the Campus or UCLA Health System Labor Relation’s Director or designee shall schedule and convene a meeting to discuss the grievance. During the meeting the employee(s) and/or his/her representative(s) shall present all evidence and contentions relevant to the grievance. If the University provides information to the Union during Step 1 or Step 2 above which was not previously known, or that could not have been ascertained by the Union with due diligence, at the time of the Step 3 meeting, the Union may amend the grievance to allege additional violations or include additional bargaining unit employees.

b. The Campus or UCLA Health System Labor Relation’s Director or designee

shall issue a written decision within twenty (20) calendar days following the date of the Step 3 meeting, unless the Union amends the grievance as described in Section 3(a) above, in which case, a written decision shall be issued within thirty (30) calendar days. The decision shall be sent to the grievant(s) and his/her representative(s). A copy of the decision also shall be sent to the Union with a proof of service attached.

c. The Union may appeal the grievance to arbitration pursuant to the

Arbitration Article within thirty (30) calendar days of the date on which the decision was received by the Union. The parties may agree, on a case-by-case basis, to attempt resolution of the grievance through mediation.

4. Mediation. The parties may mutually agree to proceed to mediation of the

grievance for the purpose of compromising, settling or otherwise resolving the grievance as follows: a. Either party may request mediation within thirty (30) calendar days of the

date on which the Step 3 decision was received by the Union. If the parties mutually agree to proceed with mediation it shall take place no later than forty (40) days from the date of the parties’ agreement to elect mediation.

b. The parties agree to establish a panel of three mediators to serve in

alphabetical rotation. Alternatively, the parties may mutually agree to select a mediator not on the panel. Any mediator selected pursuant to this section shall not serve as arbitrator on the same grievance.

c. All costs of mediation shall be borne equally by both parties.

d. The parties may submit any joint stipulations or exhibits they agree upon

to the mediator. Each party may also submit its own exhibits to the mediator and, if electing to do so, must submit those exhibits to the other party no later than seven (7) calendar days prior to the date of the mediation.

e. The parties may make opening statements during the mediation; the

mediator will then assist the parties to achieve resolution.

f. If the parties are unable to reach agreement and/or resolution, the mediation shall terminate and the grievance may proceed to arbitration

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within thirty (30) calendar days of the last date the parties met with the mediator.

5. Waiver. The Campus or UCLA Health System Labor Relation’s Director or

designee and the Union Representative may mutually agree in writing to waive any and all steps of the Grievance Procedure. Such written agreement must be executed in advance of the expiration of the specific applicable time limits, i.e., no later than the last day of the applicable time limit.

6. Time Limits.

Time limits may be extended by mutual agreement of the parties in writing in advance of the expiration of the time limits as set forth above. Deadlines which fall on a University non-business day will automatically be extended to the next University business day. If a grievance is not appealed to the subsequent step of the procedure within applicable time limits, and an extension has not been agreed to, the grievance will be considered settled on the basis of the last University written response. Failure by the University to reply to the employee's grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level.

7. Pay Status.

a. Time spent by bargaining unit employees in preparation and investigation

of grievances shall be on pay status as follows:

1. a maximum of ten (10) non-cumulative hours per month will be granted for such activities; and,

2. a request for the release time described in subsection 7(a) above

must be made to the appropriate Campus or UCLA Health System Labor Relation’s Office at least twenty-four (24) hours in advance of the activity.

b. Whenever the University and the Union convene a meeting between the

parties to mutually resolve grievance(s) during the scheduled work time of an employee who is a grievant or a representative, upon reasonable advance request to the appropriate Campus or UCLA Health System Labor Relation’s Office, reasonable release time shall be granted to the employee(s) involved. Employee time spent at these meetings shall be considered as time worked.

c. When such meetings are convened outside an employee's scheduled work

time, no employee release time shall be granted. University employees called as witnesses at such meetings shall be released from work with reasonable advance request to the appropriate Campus or UCLA Health System Labor Relation’s Office and granted leave with pay for reasonable time spent in meetings. The University will make a good faith effort to alter the work hours for grievants and/or stewards who do not work the day shift. Said grievants and/or stewards shall not suffer a loss of regularly assigned shift pay when participating in the Grievance Procedure.

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d. In determining the amount of reasonable paid release time factors such as

preparation for and travel to attend the meetings referenced in Subsections 7.a. and 7.b. above will be considered. Employees shall not be granted paid release time for travel time before or after the employees’ regularly scheduled hours of work.

C. Resolution

Resolution may be agreed upon at any stage of the grievance process. Prior to the resolution of any formal grievance in the Skilled Crafts Bargaining Unit, the Union shall be notified. The University and the Union agree that any resolution of a grievance at Step 2 or thereafter shall be reduced to writing.

D. Settlement Offers

Settlement discussions, including settlement offers made at any stage of this procedure, including informal resolution, shall not be introduced as evidence in subsequent steps, and shall not be precedent setting.

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ARTICLE 27 - ARBITRATION PROCEDURE

A. Request for Arbitration

1. A request for arbitration may be made only by the Union and only after exhaustion of the Grievance Procedure except as provided in Article 25, Section G (Disciplinary Review Conference) of this Agreement. The written request for arbitration must be sent by mail with proof of service or email. The written request for arbitration must be received by the appropriate Campus or UCLA Health System Labor Relation’s Office within thirty (30) calendar days of the Union’s receipt of the Step 3 grievance decision.

2. An appeal to arbitration shall not prohibit efforts by the University and Teamsters

Local 2010 to resolve the grievance during the time the appeal is pending and until such time that an arbitrator has rendered his or her decision.

3. Teamsters Local 2010 shall have full authority to settle, withdraw or otherwise

dispose of any grievance brought on behalf of the union and/or on the behalf of employees. An agreement by the parties to settle, withdraw, or otherwise dispose of a grievance appealed to arbitration shall be binding upon the grievant(s).

B. Selection of Arbitrators

1. Within fourteen (14) calendar days of a request for arbitration, the parties shall

attempt to reach agreement on an arbitrator from the List of Arbitrators contained in Appendix A. If no agreement is reached, the parties shall use the arbitrators listed herein by randomly drawing three names. The first arbitrator's name drawn shall be contacted and if the arbitrator's first available date is more than sixty (60) calendar days from the date of the request, the parties may agree to contact the second arbitrator's name drawn. If the second arbitrator's first available date is more than sixty (60) calendar days from the date of request, the parties may agree to contact the third arbitrator. If the third arbitrator is not available as specified above, the selection process shall be repeated until an arbitrator is selected.

2. The parties, by written mutual agreement, may agree to waive or modify the

process for selecting an arbitrator as described in Section B.1 above on a case-by-case basis.

C. Scope of Arbitration

1. Unless there is an agreement by both parties to modify the scope of the hearing,

the issue(s) to be heard by the arbitrator shall solely and in its entirety be restricted to the Article(s) filed with the grievance. Issues or allegations which were known or should have been known to either party but not introduced by Step 3 of the Grievance Procedure shall not be introduced by either party at the arbitration hearing, except as provided in Section C.2 below.

2. When practicable, the University shall inform Teamsters Local 2010 in writing of

its intent to assert the issue of arbitrability prior to the selection of the arbitrator according to Section B.1. above. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing (if any) about the substantive facts

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and/or allegations in dispute, except as provided in Section C.3., below. In such a case, the parties shall use the selection process described in Section B.1. above to select two (2) arbitrators. The first arbitrator will be selected to hear the issues of arbitrability and the second arbitrator will be selected to decide the merits of the case if the issues are determined to be arbitrable. Unless either party requests a full and complete arbitration proceeding on the arbitrability issue, the first arbitrator shall issue either a bench decision, or upon either party’s request, a written decision within 7 calendar days of the completion of the arbitrability hearing. In the event that the first arbitrator, as a result of the arbitrability hearing referenced above determines a matter to be arbitrable, the first arbitrator shall have no authority to decide the issues pursuant to the merits of the case. A hearing on the merits of the case will be scheduled with the second arbitrator, unless the parties agree otherwise.

3. If the University raises the issue of arbitrability for the first time after the selection

of an arbitrator, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. The hearing(s) shall proceed as described in Section D below.

4. Section C.1 and Section C.2 above shall not prevent the parties from agreeing in

writing to combine the arbitrability hearing with the hearing on the merits of the case or from agreeing to separate hearings on the arbitrability and the merits of the case before a single arbitrator.

D. Arbitration Procedure

1. The arbitration procedure shall provide an opportunity for the Union and the University to examine and cross-examine witnesses under oath and to submit relevant evidence. Relevant material and the names of all witnesses who are to be called shall be identified and provided to the opposing party prior to the hearing. At least seven (7) calendar days prior to the hearing, each party shall make a good-faith effort to disclose to the other side the following:

a. a list of proposed witnesses; b. a list and copy of proposed documentary evidence; and c. a list and copy of any other proposed evidence.

The failure to timely disclose these lists or copies of evidence may, at the discretion of the arbitrator, result in the exclusion of evidence from the arbitration.

2. The arbitrator may not admit settlement discussions or offers as evidence at the

arbitration hearing.

3. Prior to the arbitration, the Union and the University shall attempt to stipulate as to the issue(s) to be arbitrated and to as many facts as possible.

4. Settlement proposals may be offered at any stage prior to or during arbitration.

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5. The arbitration hearing shall be closed to the public unless the parties otherwise agree.

6. The arbitrator shall have the authority to subpoena and require the attendance of

witnesses and production of documents upon the reasonable request of either party.

7. In all cases appealed to arbitration pursuant to the terms of this Article and this

Agreement, Teamsters Local 2010 has the burden of initiating the steps in the procedure. Except for those cases in which the issue is that of actions taken by the University pursuant to Article 25 - Discipline & Dismissal, Teamsters Local 2010 shall have the burden of proof. In cases in which the issue is that of actions taken by the University pursuant to Article 25 - Discipline & Dismissal, the University shall have the burden of proof. For all arbitrations, the burden of proof shall be preponderance of the evidence. The arbitrator shall not have the authority to heighten or lessen the burden of proof.

8. The arbitrator, following the close of the record of the hearing, shall consider the

evidence presented and render a written decision. The written decision shall include a brief description of each issue under submission, the position of the parties, the findings of fact, the arbitrator's conclusion(s) as to violation of the Agreement, if any, and, where appropriate, a remedy. The arbitrator shall be limited to interpreting the written provisions of the Agreement regarding the issues submitted and shall have no power to add to, delete from, or otherwise alter the terms of the Agreement. If the arbitrator determines that a grievance was not received by the University within the time limits set forth in Article 26, Section B, the arbitrator shall have no jurisdiction to decide the merits of the grievance.

9. The arbitrator's and stenographer’s fees shall be borne equally by the parties.

Expenses for other services or facilities shall be borne by the party requesting such services or facilities unless the parties agree otherwise in advance.

E. Decision and Remedy

1. If the grievance is sustained in whole or in part, and subject to the limitations set forth in Paragraph 2 below, the remedy shall not exceed restoring to the employee the pay, benefits, or rights lost as a result of a violation of the Agreement, less any compensation and benefits received from any source, including, but not limited to, Workers' Compensation and Unemployment Insurance benefits. The decision of the arbitrator shall be final and binding and distributed to the parties within thirty (30) calendar days of the close of the record of the hearing, unless the arbitrator notifies the parties that the time frame can not be met.

2. The arbitrator shall have no authority to award back wages or other monetary

reimbursement, nor shall the University be liable on a grievance claiming back wages or other monetary reimbursement for:

a. Any period of time during which an extension of time limits has been

granted by the University at the request of the Union; or,

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b. Any period of time between the first date the arbitrator is available for an arbitration hearing and the date of the hearing, when the first date is rejected by the Union; or,

c. Any period of time greater than sixty (60) calendar days prior to the date of

the filing of the grievance at Step 2 of the Grievance Procedure, except for the correction of mathematical, calculation, recording or accounting errors. For grievances involving the correction of an error in the payment of wages or the correction of mathematical calculations, recording or accounting errors relating to the payment of wages (for example vacation leave, holidays, overtime, military leave or the amount of shift differentials, if any) shall not be made retroactive to a date earlier than two years prior to the date of the filing of the grievance at Step 2 of the Grievance Procedure.

F. Release Time and Pay Status

1. Whenever an arbitration hearing or a meeting between the parties is convened to resolve an arbitration during the regular work time of an employee who is a grievant or a representative, release time with pay shall be granted to the employee(s) and one representative involved in said hearing or meeting so long as a request for release time is received at least twenty-four (24) hours in advance. For purposes of release time, it shall be assumed the employee is a day shift employee.

2. University employees called as witnesses shall be released from work, with

reasonable advance request to the appropriate Campus or UCLA Health System Labor Relation’s Office, and granted leave with pay for reasonable time spent in meetings between the parties convened to resolve the arbitration and for the arbitration hearing.

3. Time spent in preparation for arbitration shall be on pay status as follows:

a. a maximum of ten (10) hours per month will be granted for arbitration-

related activity; and, b. a request for the release time described in subsection (a) above must be

made to the appropriate Campus or UCLA Health System Labor Relation’s Office at least twenty-four (24) hours in advance of the activity.

G. Time Limits

For the purposes of this Article, time limits are calculated in calendar days, unless otherwise stated and deadlines that fall on a day that is not a University business day will automatically be extended to the next business day. All time limits may be extended by mutual written agreement of the parties in advance of the expiration of the time limit.

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ARTICLE 28 - LAYOFF AND REDUCTION IN TIME A. Should the University determine that layoffs are necessary due to lack of work or

lack of funds, the following shall apply. B. Definitions

1. Temporary layoff affecting a career position is for a specified period of less than four (4) calendar months from the date of layoff.

2. Indefinite layoff affecting a career position is one which is four (4) or more

calendar months.

3. Reduction in time is either temporary or indefinite and affects a career position resulting in a reduction in the percentage of full-time employment.

4. Whenever the term layoff is used in this Agreement it shall be construed to

encompass both indefinite layoff and indefinite reduction in time as defined above.

C. The University shall attempt to minimize indefinite layoffs from career positions by

first reviewing the necessity for existing casual positions within the department. When a vacancy exists within the layoff unit in an active career position in other classes in the department which are at the same salary level (as determined by the salary range maximum) as the employee's current position, the department head shall reassign an employee scheduled for indefinite layoff to that position, provided that the department head determines that the employee is qualified to perform the duties of that position.

D. Temporary Layoff and Temporary Reduction in Time

1. An employee shall be given written notice of the effective date and the ending date of a temporary layoff or reduction in time. Whenever possible, the notice shall be given at least twenty (20) calendar days prior to the effective date.

2. If an indefinite layoff or indefinite reduction in time should become necessary

while an employee is on temporary layoff or reduction in time, the procedures for indefinite layoff or indefinite reduction in time, as set forth in Section E below, shall be applied.

E. Indefinite Layoff and Indefinite Reduction in Time

1. Indefinite layoffs and reductions in time are by class (title code) or by craft within a department. For purposes of this Article, a craft is defined as employees in the journeyman and lead positions. The order of indefinite layoff and reduction in time of employees in the same class or craft within a department shall be in inverse order of seniority, except that the department head may retain employees irrespective of seniority, who possess skills, knowledge, or abilities which are not possessed by other employees in the same class or craft. Such exceptions shall be documented in writing.

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2. Seniority. Seniority shall be calculated by the number of career full-time equivalent months (or hours) of UCLA service. Employment prior to a break in service shall not be counted. When employees have the same number of full-time equivalent months (or hours), the employee with the most recent date of appointment shall be deemed the least senior.

3. Notice. Whenever feasible, an employee will receive at least thirty (30)

calendar days written notice prior to indefinite layoff or reduction in time. If less than thirty (30) calendar days notice is provided, the employee shall receive straight time pay in lieu of notice for each additional day the employee would have been on pay status had the employee been given thirty (30) calendar days notice. Prior to a layoff, the affected employee shall be notified of benefit continuation and unemployment insurance processes and, in addition, a non-probationary career employee shall be informed of the procedures for recall and preferential rehire.

F. Reemployment from Indefinite Layoff

1. Right of Recall to Department of Layoff. A non-probationary career employee who is separated or whose time base is reduced because of an indefinite layoff shall be recalled in order of seniority into any active and vacant career position for which the employee is qualified. Such position must be in the same class or craft, department and at the same or lesser percentage of time as the position held at the time of layoff.

2. Preference for Reemployment or Transfer. A non-probationary career

employee who has been separated or whose time has been reduced due to indefinite layoff or who has received written notice of indefinite layoff or reduction in time within the two (2) calendar months prior to the effective date of layoff shall be granted preference within the Unit for reemployment or transfer to any active or vacant career position for which the employee is qualified provided the position is:

a. At the same salary level or lower (as determined by the salary range

maximum), and,

b. At the same or lesser percentage of time as the position held at the time of layoff.

3. Rejection of Employees With Reemployment Rights. Department heads may

reject a non-probationary career employee with preference for reemployment or transfer only if the employee lacks qualifications required of the position. Written reasons for rejection shall be provided by the department head to the employee and to the Union.

4. Reemployment at Another University Location. The Employment Manager shall

assist a non-probationary career employee on indefinite layoff who wishes to seek employment at another campus or laboratory.

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G. Duration of Recall and Preference Rights

1. A non-probationary career employee with less than five (5) years of seniority shall have recall and preference rights for reemployment for a period of one (1) year from date of layoff.

2. A non-probationary career employee with at least five (5) but less than ten (10) years of seniority shall have recall and preference rights for reemployment for a period of two (2) years from date of layoff.

3. A non-probationary career employee with ten (10) or more years of seniority

shall have recall and preference rights for reemployment for a period of three (3) years from the date of layoff.

4. Employees shall respond affirmatively to periodic inquiries as to their desire to

return or availability. In the event that an employee is no longer available or desires not to return, the right to recall and preference for reemployment shall expire one year after the effective date of layoff.

5. Rights to recall and preference for reemployment continue during, but are not

extended by, temporary periods of employment in casual University positions. H. Termination of Right to Recall and Preference

Right to recall and preference for reemployment terminate if an employee:

a. Refuses an offer to return to a position, at the same or greater percentage of time, to the department and class or craft from which laid off; or,

b. Accepts a career position at the same or higher salary level and the same or

greater percentage of time as the position held at the time of layoff; or,

c. Refuses two (2) offers of employment for a career position at the same or higher salary level and the same percentage of time as the position held at the time of layoff; or,

d. Is no longer available for the reasons specified in Section G.4 above; or,

e. Fails to respond to written notice of an employment opportunity.

I. Acceptance of Employment

Preference for reemployment terminates if an employee accepts any career position at UCLA.

J. Service Upon Reemployment

Reemployment within the period of right to recall and preference for reemployment or from temporary layoff provides continuity of service. Benefits and seniority accrue only when on pay status.

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K. General Effect on Benefits

1. Subject to the employee's payment of full premiums, an employee on indefinite or temporary layoff may continue, if previously enrolled, in certain group insurance programs for the length of time provided by the University's Group Insurance Regulations.

2. The University's contribution to the cost of a University sponsored health plan will

be provided for an employee on temporary layoff or reduction in time for a maximum of three (3) months in a calendar year where the employee's earnings are insufficient to otherwise generate the University's contribution.

3. Retirement system regulations determine the effect on retirement benefits while an

employee is on indefinite or temporary layoff

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ARTICLE 29 – SAFETY COMMITTEE A. Joint Labor-Management Safety Committee

The University and the Union will establish a joint Labor-Management Safety Committee for the skilled crafts unit. Said committee will discuss the implementation of safety regulations and safety training and make recommendations to the University regarding such matters and such other issues as the parties shall mutually agree to. When recommendations of the Safety Committee are adopted and/or implemented by the University, or any of its departments, they shall be distributed to the affected bargaining unit employees and their supervisors or managers.

B. Composition of Committee

The Committee shall be composed of no more than five (5) bargaining unit employees, two (2) non-employee Teamsters Local 2010 staff representatives and no more than eight (8) University representatives. The eighth University representative, if any, shall be a non-participating facilitator. Upon mutual agreement, each party may include additional representatives at the meetings of the Committee.

C. Meetings of Committee

The Committee shall meet quarterly unless otherwise agreed to by the parties. The procedures by which the Committee operates and the agenda items to be discussed shall be determined by mutual agreement of the parties. Public Records documents, including but not limited to Cal OSHA 300 Logs, shall be available to Committee members, upon request.

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ARTICLE 30 – HEALTH & SAFETY A. Safety

1. It is the duty of the University to make a reasonable effort to provide and maintain a safe place of employment. The University will provide appropriate safety training to bargaining unit employees. The Union will cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner, including but not limited to complying with UCLA's Injury and Illness Prevention Programs.

(See: https://www.ehs.ucla.edu/ip/iipp, http://www.mednet.ucla.edu/Policies/pdf/ enterprise/HS8000.pdf, and http://www.mednet.ucla.edu/Policies/pdf/sm/ 1100.pdf)

2. It is the duty of all employees covered by this Agreement, in the course of

performing their assigned duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements of the University, and to report any unsafe practices or hazardous conditions to their immediate supervisors. Employees who believe they have been subjected to reprisal for making such reports may make complaints pursuant to the University's Whistleblower Policy.

3. An employee shall not be required to perform work which he/she reasonably

believes is unsafe, including work assignments for which he/she does not have the proper training, skill set or equipment, until the safety concern of the employee has been reviewed by Environment, Health and Safety or designee. Management shall contact Environment, Health and Safety or designee, and the employee may be reassigned to perform other work. If the work in question is determined to be safe by the Director of Environment, Health and Safety or designee, the employee may be ordered to perform the work. If the safety matter is not resolved satisfactorily, the Union may consult with the appropriate UCLA Campus or Health System Labor Relations Director or designee, who shall investigate the safety matter and advise the Department and the Union of any findings or recommendations. The parties may agree to engage in non-binding mediation.

4. If an employee believes he or she cannot perform assigned duties based on his

or her health condition, the employee must immediately inform the supervisor who may in the supervisor's sole discretion, temporarily re-assign the employee's job duties, refer the employee to a University-selected healthcare provider at the University's expense, or send the employee home. If an employee is sent home, the University may require medical certification releasing the employee to return to work.

When an employee provides documentation that the employee's medical

condition makes it unsafe to perform the duties of his/her position, the provisions of Article 21- Reasonable Accommodation-shall apply.

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B. Personal Protective Equipment

1. The University reserves the right to require certain unit employees to wear protective clothing.

2. Protective clothing is attire worn over or in place of personal clothing to protect

the employee's clothing from damage or abnormal soiling. Safety equipment protects the employee from exposure to hazardous working conditions. The University shall continue to provide clothing and safety equipment which it currently makes available to the employees covered by this Agreement. If protective clothing (e.g. overalls, coveralls, painter's whites) is required, the University shall provide and maintain such clothing.

3. Each employee who requires corrective safety glasses and is in a classification

which requires the use of safety glasses shall receive one pair of corrective safety glasses per year. The employee shall bring the prescription to his/her supervisor and UCLA shall then purchase the glasses.

4. a. In the month of March of each year, UCLA will furnish safety shoes, valued in

accordance with Appendix J, to all employees in the bargaining unit except that employees hired after January 1st in a given calendar year will be furnished safety shoes in accordance with the University's current contracts upon hire and then again in March of the following year(s) thereafter. Replacement or repair of said shoes is the responsibility of the employee. However, when, in the determination of management, an employee's shoes are defective or become damaged in the course of the performance of the employee's assigned duties, management will replace said shoes as soon as possible, but no later than thirty (30) calendar days from the date of the employee's complaint. If the defective or damaged shoes require a special order (e.g., unusual size or custom-made shoes), management will replace said shoes within sixty (60) calendar days from the date of the employee's complaint. While on pay status, employees shall be required to wear the safety shoes unless otherwise directed by the University.

b. Alternatively, UCLA will provide vouchers valued in Accordance with Appendix

J to all employees in the bargaining unit who request to purchase safety shoes directly from authorized University safety shoe vendors. Nothing precludes a department from issuing vouchers valued in excess of their current departmental practice, in the exercise of its sole management discretion. Employees selecting the option to utilize vouchers will purchase the safety shoes on their own time and will be solely responsible for their replacement when damaged and/or lost.

5. Upon written request by Teamsters Local 2010, the University will meet with the

union on a mutually agreeable date to discuss Personal Protective Equipment, including but not limited to, shirts.

C. Additional Considerations

1. Bargaining unit employees assigned to work in the University's Vivariums will be required to undergo screenings and a series of Hepatitis “B” immunizations which will be provided by the University.

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2. The University and the Union agree that bargaining unit employees are required to carry out their job duties without endangering their own health or safety or that of other employees. The University and the Union further agree that no employee may manufacture, distribute, dispense, sell, use or be under the influence of alcohol or illegal drugs while performing their job duties. To this end, the University and Teamsters Local 2010 agree to schedule meetings within forty-five (45) days of ratification of this agreement to develop a procedure to achieve the University's goal of a drug-free workplace.

3. Uniforms will comply with OSHA regulations where appropriate. Where current

uniforms may not comply with OSHA regulations, the parties agree to a transition period allowing the University phase out the non-compliant uniforms.

D. Disputes

Disputes concerning this Article shall not be subject to the Arbitration Procedure of this Agreement.

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ARTICLE 31 - SAFETY LOCKOUT PROGRAM

A. Each appropriate employee shall be supplied with two unique locks and its key, and a multiple locking device. The key shall not be duplicated; however, each Superintendent shall have a master key to the locks used in his/her Shop. The lock will be marked to identify the employee to which it is issued.

B. Each appropriate employee shall also be supplied with tags to use only when the

equipment or disconnect device cannot be locked out. C. Whenever the disconnect site is not immediately visible at all times to the employee

working on the equipment or utility, the employee shall lock the appropriate disconnect switch or circuit breakers. The employee may tag-out the same devices only if the device cannot be locked out. If more than one employee is working on the same equipment or utility, each employee shall lock out or tag out.

D. Potential hazards, such as a machine’s operating parts and certain mechanical

equipment, can slip accidentally. Employees need to prevent this by making any movement impossible by blocking gears, dies, or other mechanisms; by releasing coiled springs, spring-loaded devices, and securing cams; by putting blocks under raised dies or any equipment that might descend, slide or fall; by using blocks or special stands to prevent failure or slippage of the hoist or elevating device under raised vehicles.

E. Locks or tags must be promptly removed when repair or maintenance jobs are

completed. If more than one employee has locked or tagged out, each must remove his/her own lock or tag.

F. This article shall be duplicated and given to each employee and the employee shall sign,

date and return the article acknowledging that it has been read and the employee understands its contents.

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ARTICLE 32 – MISCELLANEOUS PROVISIONS A. Voluntary Termination

If an employee fails to notify the University of his/her absence, such an absence will be deemed to be unauthorized. If the duration of such an absence is five (5) or more consecutive assigned work days, the employee may be considered to have voluntarily terminated his/her employment with the University. The University shall provide notice and a summary of the information and material upon which the voluntary termination is based. The employee will have five (5) working days from the issuance of the notice within which to respond orally or in writing to the supervisor. If the employee fails to respond, the effective date of the voluntary termination shall be the last day of the notice period. If the employee responds, the University will review the response and notify the employee of the determination and the effective date of the voluntary termination or return to work and the status during the period of absence. A notice will be posted in each shop informing employees whom to contact regarding absences.

B. Lie Detector (Polygraph) Tests

No employee shall be required as a condition of continuing employment to take a lie detector test.

C. Licenses and Certificates of Competence

1. The University, as a condition of employment, shall continue to require such licenses and certificates of competence for given position(s) as per current practice. In order to obtain recertification, the University will provide Division of Apprentice Standards- approved training, on site, up to thirty-two (32) hours at University expense, as is required for electrical certification and Fire Life Safety certification. Proof of valid licensure and/or certification must be given to the University for retention in the employee’s personnel file. An employee’s failure to report either the notice of or actual revocation or suspension of said license, may lead to discipline, up to and including termination. The University shall reassign said employee's job duties where operational circumstances permit; however, said reassignment shall not exceed thirty (30) days unless the University and the Union agree to a greater period of extension and/or reassignment, which said agreement must be reduced to writing. Any employee who fails to maintain required licensure and certification may be terminated unless the employee has been reassigned. Following the expiration of the reassignment and upon the failure to furnish evidence of licensure and/or certification, the employee shall be subject to termination at the end of the reassignment.

2. If, during the term of this Agreement, a new governmental requirement for

licensure and/or certification is established that changes the terms and conditions of employment for bargaining unit employees, the parties shall meet and confer concerning the effects of the new requirement.

3. Bargaining unit employees are required to maintain a valid California Driver’s

License. The University shall provide trucks, carts and/or vehicles to bargaining unit employees when necessary to perform their assigned duties.

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4. If a bargaining unit employee receives notice of the suspension or revocation of their California Driver’s License, said employee shall immediately report the same to his/her immediate supervisor. An employee’s failure to report either the notice of or actual revocation or suspension of said license, may lead to discipline, up to and including termination. Where necessary, the University shall reassign said employee's job duties; however, said reassignment shall not exceed thirty (30) days unless the University and the Union agree to a greater period of extension, which said agreement shall be reduced to writing.

D. Mileage Reimbursement

Whenever an employee is authorized by the University to use a private vehicle to conduct University business, the employee shall be reimbursed for mileage at the prevailing University rate. Information concerning the University’s Mileage Reimbursement rates can be located at the following URL: http://map.ais.ucla.edu/ go/1003527.

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ARTICLE 33 – PARKING A. General Provisions

1. The University shall provide parking to the same extent and under the same conditions as normally provided for other unrepresented University non-management staff employees, except that parking permits issued to bargaining unit employees working the graveyard shift (i.e., Night Permit) will be effective in the assigned parking area at the rate of $40.00. The Night Permit rate for bargaining unit employees working the graveyard shift will increase by $3.00 whenever the Night Permit rate is increased for non-bargaining unit employees.

2. Bargaining unit employees are encouraged to use the alternative forms of

transportation offered by the UCLA campus as well as public transportation. B. Parking and Transportation Rates for Each Fiscal Year

1. The University shall limit the parking increases for each contract year by the amounts indicated in Appendix K (UCLA Parking Rates) using the prior year as the benchmark for determining rates for the following year. The University will give Teamsters Local 2010 notice of any proposed parking fee increases which exceed the rates indicated in Appendix K (UCLA Parking Rates) and, upon request, will meet and confer with Teamsters Local 2010 regarding said increases. The University will duly consider any proposals Teamsters Local 2010 may choose to make concerning parking fee increases.

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ARTICLE 34 – INSURANCE AND RETIREMENT BENEFITS Employees in this unit are eligible to participate in a number of benefit programs generally available to non-management, non-supervisory, non-confidential, non-academic employees of the University who are not exclusively represented. The current benefits for each plan are briefly summarized in this Article. However, the Union understands and agrees that the descriptions below do not purport to recite completely the coverage or eligibility requirements for each plan, the details of which can be found at www.atyourservice.ucop.edu. If during the term of this Agreement the University chooses to alter the coverage, rate of contribution, or carrier of these health and welfare and/or retirement plans as they apply to other staff employees described above, such changes will apply to employees covered by this Agreement. The Union will be notified of any such proposed change(s) before they are implemented and the Union and the University will meet and discuss on the proposed change(s) as described in the Side Letter attached hereto as Appendix G, except as stated in Section H.3. below. A. Medical Insurance

A variety of comprehensive group medical plans and a major medical insurance plan are currently available to provide coverage for employees and their eligible family members. Costs in excess of the amounts paid by the University’s maximum rate of contributions are to be paid by the employee through payroll deduction.

B. Dental Insurance

Two comprehensive dental options are offered for employees (and their eligible family members) who are covered by this Agreement and who are members of a defined benefit plan to which the University contributes.

C. Vision Service Plan

A vision plan for employees (and their eligible family members) who are covered by this Agreement and who are members of a defined benefit plan to which the University contributes.

D. Life Insurance

Group term life insurance equal to one times annual salary, up to fifty thousand dollars ($50,000) is provided without charge to employees who covered by the defined benefit plan to which the University contributes. The coverage amount is based on the employee's University salary and appointment rate as of January 1 of each year. Additional supplemental life insurance (up to four times salary) and Basic Expanded and Dependent life insurance are also available at the employee's expense.

Group term life insurance equal to $5,000 is provided to employees eligible for Core Benefits (but not members of the defined benefit plan).

E. Accidental Death and Dismemberment Insurance

Accidental death and dismemberment insurance is available for employees and their

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families at low group rates. F. Business Travel Accident Insurance

Employees who are traveling on official University business are covered by one hundred thousand dollars ($100,000.00) of accidental death and dismemberment insurance without charge to the employee.

G. Automobile and Homeowner/Renter Insurance

Voluntary automobile and homeowner/renter insurance is available via payroll deductions for employees eligible for Full or Mid-level benefits, although carrier underwriting requirements must be met.

H. Retirement Income Plans

1. The basic University of California Retirement System (UCRS) plan provides eligible employees with lifetime retirement income, long-term disability income, family survivor income, and cash death benefits. Social Security is provided for all employees hired since April 1976, coordinated with UCRS and with the same benefits. Any employee who is enrolled in the Public Employment Retirement System (PERS) shall continue in the plan.

2. The Capital Accumulations Provision (CAP), adopted by the Regents of the

University of California on November 14, 2002, shall apply to the members of this bargaining unit who meet the eligibility requirements adopted by the University of California Retirement Program.

3. During the life of the Agreement, proposed increases to employee contributions

to the UCRP will be subject to meet and confer. I. Disability Income Insurance

The Short-term Disability plan provides basic coverage for temporary disability to employees who are members of the defined benefit plan to which the University contributes without charge to the employee. If an employee wants more coverage, the employee can enroll in the Supplemental disability plan, which pays a higher level of benefits for temporary disabilities and also covers the employee for long term disabilities. In order to be eligible for these plans the employee must be a member of a defined benefit plan to which the University contributes.

J. Flexible Spending Accounts: Dependent Care Assistance Program (DEPCARE-

FSA) And Health Care Reimbursement Account (FSA)

These programs allow employees to pay for eligible dependent care or health care expenses on a pre-tax basis.

K. Tax-Deferred 403(b) and 457(b) Plans

Non-student University employees may voluntarily participate in tax-advantaged, supplemental retirement plans.

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L. Legal Expense Insurance Plan

A legal expense insurance plan is available to members of this bargaining unit who are members of a defined benefit plan to which the University contributes. The legal plan provides members and their eligible dependents with coverage for basic legal services associated with preventive, domestic, consumer, and defensive legal matters.

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ARTICLE 35 – DEATH PAYMENTS A. 1. Upon the death of an eligible employee of the University, a sum equal to the salary of

the deceased for one (1) month shall be paid in accordance with the UC Accounting Manual Section P-196-25, which is available on the following website: http://policy.ucop.edu/doc/3410260/AM-P196-25. The University also provides a term life insurance policy for eligible employees in the amount of one times the employee’s annual covered salary rate multiplied by the percent time of the employee’s appointment, up to a maximum of $50,000. Life insurance benefits are payable to the employee’s named life insurance beneficiary.

2. In addition, the University of California Retirement Plan (“UCRP”) pays a $7,500

death benefit to eligible employees’ beneficiary if the employee was a UCRP member and still employed at the time of death. Benefits are paid to the employee’s named UCRP beneficiary.

B. Eligible Employee

1. For the purpose of the one (1) month salary death payment payable by the University outlined in Section A.1 above, an eligible employee is one who has completed six (6) continuous months on pay status at fifty percent (50%) time or more without a break in service prior to death.

2. For the purpose of the University paid life insurance and the UCRP death

benefits, an eligible employee is one who is a member of UCRP. The benefit(s) is payable if an employee dies while in active service on pay status or within the first four (4) months of an approved leave without pay or temporary layoff.

C. Eligible Dependent

For the purpose of the death payment, an eligible dependent(s) is defined as one outlined in UC Accounting Manual Section P-196-25.

D. Employee Earnings The department head shall initiate the necessary action in order that payment of any vacation, salary, overtime, or other monies due to the deceased employee can be made. Such payment is made in accordance with UC Accounting Manual Section P-196-25 (Payroll: Employee Death Payments). Payment shall include the deceased employee’s salary for the day of death, unless the employee was on leave without pay on the day of death.

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ARTICLE 36 - DUES DEDUCTIONS A. Dues Deduction and Agency Shop Fee

1. Dues Deduction. Upon request of an employee in the UCLA Skilled Crafts Bargaining Unit, the University agrees to deduct union dues or fair share fees from the employee's pay in accordance with the Teamsters Membership Application signed by the employee.

2. Agency Shop Fee. Upon notification to the University by the Teamsters Local

2010 University employees in the bargaining unit who choose not to become members of the unit in accordance with paragraph A.1. above, as a continued condition of employment, shall be required to pay an agency shop fee. The amount of the fee shall be determined by Teamsters Local 2010 shall not exceed the monthly dues that are payable by members of Teamsters Local 2010. The amount of the fee shall be deducted by the University from the wages or salary of the employee and paid to Teamsters Local 2010.

3. Exemption from the Agency Shop Fee. Any employee in this unit who is a

member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, shall not be required to join or financially support the Teamsters Local 2010 as a condition of employment. An employee to which this provision is applicable shall be required to pay sums equal to the amount of the service fee to a non-religious, non-labor charitable fund exempt from taxation under the Internal Revenue Service code, chosen by the employee from the following list of funds chosen by the University and Teamsters Local 2010.

UCLA Unicamp UCLA Mattel Children's Hospital A Scholarship Fund to be agreed upon by the parties

4. Check Processing. The University further agrees to send a check to the

Union for all union dues and/or agency shop fee deductions which have been requested by employees or is required for employees covered by this Agreement. The cost of processing the check shall be ten dollars ($10.00). In addition, the University will charge the Union seven cents ($0.07) for each dues deduction made from a paycheck.

5. Indemnification. The amount of dues or agency shop fee deducted from an

employee’s paycheck will be calculated by the University on the basis of information provided by the Union concerning its dues structure and the agency shop fee. The Union agrees to reimburse the University for all costs actually incurred by the University as a result of changes made by the Union in the structure or method of calculation of the Union’s dues or agency shop fees during the terms of this Agreement. The Union agrees to hold the University harmless from liability for any errors in withholding or transmitting dues or agency shop fees except for liability to the Union for monies actually withheld, but not transmitted. The Union further agrees to refund the University any overpayment of money made to the Union pursuant to this Article through error or oversight on the part of the University.

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B. Union Security

The authorization for dues deduction shall remain in full force and effect during the life of this Agreement; provided, however, that any employee may withdraw from the Union by delivering a signed withdrawal letter to the University and mailing a certified copy to the Union within thirty (30) calendar days of the expiration of this Agreement.

C. Other Designated Funds

Upon presentation of a signed authorization form, executed by the employee, the University agrees to an additional voluntary deduction for DRIVE, a Teamsters political contribution program.

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ARTICLE 37 – LABOR-MANAGEMENT RELATIONS A. Meetings may be scheduled quarterly, unless the parties otherwise agree, at the request

of a designated Teamsters Local 2010 representative or the designated University official for the purpose of informally discussing actual or potential employer-employee relations problems. Items to be included on the agenda for the aforementioned labor-management meetings are to be submitted at least seven calendar days prior to the scheduled date of the meeting if at all possible.

B. Such meetings are not considered to be meet and confer sessions and are not intended

to add to, delete from, or otherwise modify the Agreement during its term, except that addendums to the Agreement are permitted by mutual agreement of the parties.

C. Unless otherwise agreed by the parties, the University will provide release time for a

maximum of four (4) bargaining unit employees to attend such meetings when they occur during the employee’s shift.

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ARTICLE 38 – BARGAINING UNIT WORK A. The University and the Union agree upon the principle that bargaining unit work will be

performed by bargaining unit employees and that supervisors and non-unit employees will not normally perform work done by bargaining unit employees.

B. Bargaining unit work includes, but is not limited to, construction, alteration, repair and

maintenance at UCLA, including its buildings, systems, and equipment. C. Management reserves the right to assign supervisors or non-unit employees to perform

work in the event of emergencies requiring immediate action to protect life, safety and health as well as during major emergencies, defined as a catastrophic event substantially impacting the campus or the hospitals, including but not limited to earthquakes, floods, acts of terrorism or pandemics.

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ARTICLE 39 – SUBCONTRACTING UNIT WORK A. Before determining whether or not to subcontract bargaining unit work, the University

shall consider whether said work should be performed by bargaining unit employees in-house. However, the decision to subcontract work is the prerogative of the University and management reserves the right to subcontract unit work. The University will make reasonable efforts to perform unit work in-house.

B. Upon written request by the Union, no more than four times per year, the University shall

provide to the Union a summary of subcontracted work which is funded by the State of California Operations and Maintenance of Plant budget, or a Job Order Contract, or a minor capital project, or deferred maintenance project sent to 9900 Flower Street, Bellflower, California 90706. For the purposes of this Article only, subcontracted work is that work which is less than $50,000 in total, or painting work which is less than $25,000 in total.

C. The University agrees to notify the Union, at least sixty (60) calendar days in advance of

its intent to subcontract any unit work which would result in the layoff of unit employees, and shall meet and confer upon request regarding the subcontracting of such unit work. If agreement is not reached, the University may implement its decision.

D. The University and the Union agree that any concerns the Union may have about

subcontracted work as referenced in Section A. above may be added to the agenda of the parties’ quarterly labor-management meeting pursuant to the provisions of Article 37 of this Agreement.

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ARTICLE 40 – UNION RIGHTS A. Union Access Duly authorized representatives of the Union shall be permitted access to work locations

in which employees covered by this Agreement are employed in accordance with applicable law. Such access shall not interfere with the work of the employees. Management may require prior approval for such access. Access to employees shall not be arbitrarily denied.

B. Bulletin Boards The University will furnish Union bulletin board space at locations where employees

covered by this Agreement are employed, as set forth in Appendix E hereto. The board space shall be used only for permissible Union information under applicable law.

C. Use of University Facilities and University Equipment

1. University facilities may be used by the Union with prior approval of University management for the purpose of holding meetings, to the extent that such facilities can be made available without interfering with normal University operations.

2. When required, the Union shall reimburse the University for use fees or

expenses, such as security, maintenance, and clean-up costs, incurred as a result of the Union's use of such facilities.

3. Teamsters Local 2010 stewards may use University computers for Union

business in accordance with the University’s Electronic Mail/Electronic Communications Policy.

4. Teamsters Local 2010 stewards may use University copiers, printers and fax

machines at a cost of ten cents ($.10) per page. Teamsters Local 2010 will reimburse the University for said costs when billed at the designated Teamsters Local 2010 office. Permission to use UC copiers, printers and fax machines for Union business must be obtained in advance of such use from stewards’ immediate supervisor. Abuse of this privilege may preclude that steward from future use.

D. Union Stewards

1. The Union shall be entitled to designate a reasonable number of employees to act as stewards for the employees covered by this Agreement. The Union shall furnish the University official or designee with the names of the employees selected as stewards. Any change in the appointment of the designated stewards shall be made known to the designated University official. There shall be no more than a total of twenty (20) stewards at UCLA; provided, however, that there shall be no more than one (1) steward per shop on any shift.

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2. Union business/activities shall not be conducted on an employee's scheduled

work time nor shall such business/activities interfere with University programs and operations except as referenced in Section D(3) hereafter.

3. Union activities that are covered under the various Articles of this Agreement

[i.e., Grievance Procedure, Article 26 (B)(6), Arbitration Procedure, Article 27 (E), Labor- Management Relations, Article 29 (B), Safety Committee, Article 37 (C)] may be conducted on an employee’s scheduled work time as referenced in the applicable Article.

E. No Reprisals for Union Activity

The University is prohibited from imposing or threatening to impose reprisals, from discriminating or threatening to discriminate against stewards and bargaining unit members, or from otherwise interfering with, restraining, or coercing stewards because of the exercise of any rights given by this Agreement. A full-time Teamsters Local 2010 Consultant or Officer may file a grievance concerning steward reprisal with the Campus or UCLA Health System Labor Relations Office. If the grievance is not resolved, it may be the subject of an unfair labor practice charge. Section E of this Article shall not, however, be subject to the Arbitration Procedure in this Agreement.

F. Release Time for Meet and Confer

Employees appointed by the Union shall be granted a reasonable amount of release time for the purpose of meeting and conferring at the bargaining table. Not more than eight (8) employees shall be provided release time unless the parties mutually agree otherwise. Employees on release time shall not be compensated for any hours which exceed the employee's regularly scheduled hours of work. Arrangements shall be made by the University and the Union to enable swing and graveyard shift employees to participate in the meet and confer process, if necessary. In order to implement this Section, Teamsters Local 2010 waives the requirement of notice regarding shift changes under Article 12.

The Union shall provide the designated University official with the names of employees requiring such release time at least twenty-four (24) hours in advance of the meet and confer session unless the parties mutually agree otherwise. The University shall not arbitrarily deny a particular request for release time.

G. Leave of Absence for Union Business

1. The University agrees to forty (40) days of paid release time within a calendar year for to attend Teamsters Local 2010-sponsored training during the life of this Agreement. Teamsters Local 2010 will provide a minimum of ten (10) working days’ notice of a request for said release time to the Campus or UCLA Health Systems Labor Relations Office. The request shall not be unreasonably denied, however, the University need not grant the leave when it can demonstrate

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compelling operational reasons.

2. a. Long Term Leave (6 months to 3 years)

1. Upon at least twenty-one (21) calendar days’ advance written request from Teamsters Local 2010 and the employee to the Campus or UCLA Health System Labor Relations Office, a nonprobationary career employee shall be granted leave for Union business in accordance with this section. Such paid reimbursed leave shall be granted for a fixed period of time not less than one hundred eighty (180) days and not longer than three (3) years. However, a long-term leave of ninety (90) days may be granted upon mutual agreement of the parties.

2. The University may grant one (1) bargaining unit employee long term

leave as defined herein for the period referenced in subsection (a) above. The University need not grant the leave when it can demonstrate a compelling business need.

3. During the paid reimbursed leave, the employee shall be paid by the

University, and shall continue to accrue service credit and shall retain all benefits to which the employee was entitled prior to the start of the leave. Employee benefit contributions will continue to be deducted during the leave.

4. During the paid reimbursed leave, the employee shall be eligible for

increases in accordance with this Agreement and campus practices.

5. The University shall not be required to return an employee on paid reimbursed leave to active employment status prior to the completion of the stated duration of the leave.

6. The duration of the leave shall be specified at the time the employee

requests the leave. No leave shall be granted unless the written request specifies the duration of the leave.

7. The maximum duration of a paid leave with Union reimbursement is three

(3) years.

8. Upon return, the employee shall be placed in the same or similar position from which the employee took paid reimbursed leave. The employee shall receive the rate of pay that would have been provided to the employee as a result of range adjustments provided during the leave.

9. Placement of the employee in his/her previous position shall be

consistent with staffing reductions and/or layoffs which may have occurred during the period of leave of absence.

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b. Five Day Leaves

1. Upon fourteen (14) calendar days’ advance written notice to the Campus or UCLA Health Systems Labor Relations Office, local Union stewards, as defined in Section D above, shall be granted five (5) consecutive days of paid reimbursed leave for union business. Teamsters Local 2010 will provide UCLA’s Campus or Health Systems Labor Relations Office with a minimum of one-business day (24 hours) written notice in advance of the specific days selected for reimbursable leave. Permission for such leave shall not be granted for a period of less than five (5) days, and such permission shall not be granted to any individual employee more than once per month and shall not be granted to any more than two (2) stewards per month. The granting of such leave to local Union stewards shall be subject to the operational needs of the University and may be granted to one or more such employees on the same shift in the same operational area.

2. Any leave granted in accordance with this section shall not constitute a

break in service.

3. During the paid reimbursed leave, the employee shall not be eligible for Worker’s Compensation benefits arising out of an injury occurring during the leave from the University. While on Union leave, University employees shall be covered by Teamsters Local 2010’s Workers’ Compensation carrier.

4. Teamsters Local 2010 shall reimburse the University for all costs of

employee compensation, including but not limited to salary plus all benefits paid to the employee for the time the employee is on leave without loss of compensation (36%). The Union shall submit payment to the University within thirty (30) days of receipt of confirmation of payment to the employee. The University has the right to terminate the leave if the Union fails to provide timely payment.

5. An employee who fails to return to work from a leave of absence on the

approved anticipated date of return or any approved extension shall be considered to have abandoned and resigned from his/her job if such failure to return exceeds five (5) consecutive working days of the anticipated return date as provided for in Article 32.

H. Orientation Packets

The University shall notify Teamsters Local 2010 in advance of scheduled new employee orientations, if any, upon request of the local Teamsters Local 2010 representative.

1. At the University’s new employee orientation, if any, packets of information

90

supplied by Teamsters Local 2010 shall be made available.

2. Teamsters Local 2010 shall be permitted to meet with the new unit employees for thirty (30) minutes according to UCLA Campus or UCLA Health System timetables and practices immediately after new employee orientation sessions, if any, for the purpose of sharing information with new unit employees.

3. The University and Teamsters Local 2010 agree to meet and discuss over

arrangements to accomplish the goals of this section.

91

ARTICLE 41 – MANAGEMENT RIGHTS A. The University, unless expressly limited by the Agreement retains solely and exclusively

all rights, functions, powers, and authority to manage the operations of the University and to direct the work force including but not limited to the right:

1. To establish the University’s missions, programs, objectives, activities and

priorities;

2. To plan, direct, and control the use of resources and personnel, to achieve the University's missions, programs, objectives, activities and priorities;

3. To develop implement, and administer affirmative action programs; 4. To exercise full and exclusive control of the management of the University and

to supervise and direct all operations; 5. To introduce new or improved methods, programs, equipment or facilities or

change or eliminate existing methods, programs, equipment or facilities; 6. To determine the location or relocation, reorganization, or discontinuance of

operations, determine where employees shall work; 7. To determine, establish, and modify, revise or abolish classes, titles, codes, job

classifications and job descriptions and to determine the salary of new and revised classes;

8. To determine the work to be done; assign work, to establish and change daily or

weekly schedules; to schedule days and hours of work including overtime; to establish or eliminate shifts; and to determine whether and to what extent work shall be performed by employees;

9. To establish the size, composition and qualifications of the work force; to

determine the nature of positions and whether or not to fill positions; and to use tests, interviews and other selection techniques to hire, promote, transfer and otherwise evaluate employees;

10. To discipline, discharge or release non-career employees without cause; 11. To recruit, hire, assign, direct, develop, promote, transfer, demote or layoff

casual, career, or probationary employees;

12. To establish, modify and enforce standards of performance, conduct and safety for employees; and to determine the process by which employee performance is evaluated;

13. To maintain safety in its operations; 14. To establish, maintain, modify and enforce safety standards and programs; 15. To establish, implement, continue, modify or discontinue any policies, practices,

92

rules or regulations which do not conflict with the express written provisions of this Agreement or are subject to bargaining;

16. To establish, maintain, modify or abolish organizational work units for the

purpose of personnel transactions, including but not limited to layoff, transfer and promotion; and

17. To maintain employee records, including attendance and time worked per shift.

B. The above enumeration of management rights is not all-inclusive and does not exclude

other management rights not specified. Management retains the sole discretion to exercise or not exercise rights retained by the University. The non-exercise of a right by management shall not be construed to mean any right is waived.

C. No action taken by the University with respect to the above-enumerated rights shall be

subject to the Grievance or Arbitration Procedures of this Agreement or collateral suit, unless the exercise thereof violates an express written provision of this Agreement.

D. While the above-enumerated rights shall not be subject to meeting and conferring

during the term of this Agreement or any extension thereof, the University agrees to meet upon request with the Union to discuss the exercise of these rights so that the University may consider the Union's information and views.

93

ARTICLE 42 – NO STRIKE/NO LOCKOUT A. During the term of this Agreement or any extension thereof, the University agrees that

there will be no lockouts. B. During the term of this Agreement or any extension thereof, the Union, on behalf of its

officers, agents and unit members, agrees that there shall be no strikes or concerted activities, including sympathy strikes, which would interfere with the operations of the University. The prohibitions set forth in this article regarding participation in concerted activities do not apply to employees with respect to the use of their personal non-work time.

C. 1. During the term of this Agreement or any extension thereof, the Union, its

officers, agents, and unit members agree that they shall not in any way participate in or lend support to any strikes or concerted activities of any kind in violation of this Article.

2. The Union further agrees to maintain critical services in the event of any activity

by any individual(s) or labor organization(s) which interferes with the operations of the University. Such critical services include, but are not limited to maintenance and operation of: 1) patient care facilities in the UCLA Center for Health Sciences and UCLA Santa Monica Hospital; 2) research facilities on the UCLA campus; 3) computer operations at UCLA; and 4) facilities in which valuable collections are maintained.

3. Any employee who violates this Article may be subject to disciplinary action up to

and including discharge. D. 1. Should any activities in violation of this Article occur, the Union shall immediately

take whatever affirmative action is necessary to prevent and/or bring about the termination of such action or interference. Such affirmative action shall include the immediate written notice to all employees in the unit at their work and/or home addresses stating that they must cease their violation of this Agreement and that they may be subject to disciplinary action up to and including discharge.

2. Nothing herein constitutes a waiver of the University's right to seek appropriate legal relief in the event of a violation of this Article.

94

ARTICLE 43 - WAIVER The University and the Union acknowledge that during the negotiations which resulted in this Agreement, each party had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that this Agreement constitutes the entire contract arrived at by the parties after the exercise of that right and opportunity. The University and the Union, for the term of this Agreement, each voluntarily waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in the Agreement, even though such subject or matter may not have been within the knowledge or contemplation of the parties at the time they negotiated or signed this Agreement except for any new University policies or procedures created during the term of this Agreement that pertain to the terms and conditions of employment for bargaining unit employees. Notices of proposed changes in University policies and/or procedures shall be directed to Teamsters Local 2010 unless otherwise notified by Teamsters Local 2010 and, upon written request, the University will meet and confer with Teamsters Local 2010 regarding proposed changes to University policies and procedures affecting bargaining unit employees’ terms and conditions of employment. The University and the Union agree that this Agreement supersedes and replaces all prior Agreements, Understandings and policies, and is the sole source of rights and all terms and conditions of employment for employees in this bargaining unit, with the exception of those University policies that are specifically referenced in Appendix I hereto.

95

ARTICLE 44 – SEVERABILITY In the event that any provision of this Agreement is declared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement. It is the express intention of the parties that all other provisions not declared invalid or void shall remain in full force and effect. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet and confer promptly upon request of either party in an attempt to reach agreement on a substitute provision.

96

ARTICLE 45 – WAGES A. 1. INCREASE FOLLOWING RATIFICATION: Upon written notification from Teamsters

Local 2010 that the collective-bargaining agreement has been ratified, all classifications will receive an across-the-board increase in the amount of 12.5%. The effective date of the across-the-board increase is the date of ratification. The increase shall be implemented within sixty (60) calendar days from the date of ratification.

2. SIGNING BONUS: Upon written notification from Teamsters Local 2010 that the

collective-bargaining agreement has been ratified, eligible employees will receive a lump-sum non-base building payment as follows:

a. Hired on or before October 16, 2012 – $2,000

b. Non-probationary career employees hired after October 16, 2012 – $1,000

The lump-sum payment shall be made within sixty (60) calendar days from the date of ratification.

3. FISCAL YEAR 2017–2018: Effective July 1, 2017, all classifications will receive an across-the-board increase in the amount of 3.0%.

4. FISCAL YEAR 2018–2019: Effective July 1, 2018, all classifications will receive an across-the-board increase in the amount of 3.0%.

5. FISCAL YEAR 2019–2020: Effective July 1, 2019, all classifications will receive an across-the-board increase in the amount of 3.0%.

6. FISCAL YEAR 2020–2021: Effective July 1, 2020, all classifications will receive an across-the-board increase in the amount of 3.0%. 7. FISCAL YEAR 2021–2022: Effective July 1, 2021, all classifications will receive an across-the-board increase in the amount of 3.0%. 8. In order to be eligible for the increases set forth in A(1) through (7) above, the bargaining unit employee must be employed at UCLA on the effective date and the date of payout as described in Paragraph 9, below.

9. The effective date of the wage increase for bi-weekly paid employees shall be the beginning of the pay period closest to the effective pay date for monthly-paid employees. The schedule for bi-weekly pay can be accessed at www.finance.ucla.edu/payroll/charts-calendars.

B. Each lead employee shall receive seven and one-half percent (7.5%) more than the basic

rate for his/her respective class. C. Apprentice pay rates are determined pursuant to the pay schedule in Article 9 – Apprentices,

Section C. D. The University retains the right to determine the basis for special awards, including but not

limited to payments for meritorious performance, recognition, incentive and bonus payments and to exercise sole discretion as to the granting, timing, amount, distribution and frequency

97

of such awards and payments. The University retains the right to provide or discontinue the provision of award programs and payments. The University retains the right to provide or discontinue the provision of award programs or other payments to employees in this bargaining unit during the term of this agreement or during the period of time following the expiration of the agreement. Employees in the bargaining unit shall be eligible for the Staff Appreciation & Recognition (“STAR”) Plan in accordance with UCLA’s implementing guidelines.

E. Other Increases – The University may increase, during the term of this Agreement, salary

rates for selected classifications. The University may also increase, for selected classifications during the term of this Agreement, shift differentials, on-call rates, and/or extend the coverage of such rates. At least thirty (30) days prior to implementing the increase referenced in this section, the University shall inform Teamsters Local 2010 in writing of any such increases. Upon written request from Teamsters Local 2010, the parties will meet and confer over the proposed increase.

98

ARTICLE 46 – DURATION

This Agreement shall become effective on April 5, 2017, and shall remain in full force and effect until 11:59 p.m. on June 30, 2022. This Agreement shall automatically renew itself unless either of the parties requests in writing that negotiations for a successor Agreement commence. Unless the parties agree otherwise, notification of such a request must be submitted by either party at least ninety (90) days prior to the expiration of this Agreement. This Agreement shall remain in full force and effect while negotiations for a successor agreement are continuing.

99

Appendix A – List of Arbitrators

1. Karen Andres 2. Edna Francis 3. Jan Stiglitz 4. Fred Horowitz 5. Michael Prihar 6. Jill Klein 7. Walter Daugherty 8. Paul Roose 9. David G. Miller 10. C. Chester Brisco 11. Robert Bergeson 12. Kathy Fragnoli 13. Angela Reddock-Wright 14. Alexander Cohn 15. Lou Zigman 16. R. Douglas Collins

17. Paul Crost

18. Anthony Miller 19. Robin Matt

100

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8127

SHEE

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OR

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32.9

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8127

SHEE

TMET

AL W

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APP

R7.

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4.56

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R A

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15.5

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ELEC

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20

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4

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9552

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ELEC

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3

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243

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8139

ELEC

TRN

APP

R1.

0 4

7,37

6.72

3,94

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69

4879

6.56

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23.3

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5176

1.52

4313

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24.7

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225

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26.3

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39EL

ECTR

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PPR

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04

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2

4.58

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26.0

856

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6846

73.6

426

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5777

4.96

4814

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27.6

759

508.

0049

59.0

028

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8139

ELEC

TRN

APP

R3.

0 5

5,26

9.36

4,60

5.78

26.

47

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8.88

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27.2

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228

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6038

4.96

5032

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28.9

262

201.

5251

83.4

629

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9.84

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30.6

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39EL

ECTR

N A

PPR

4.0

59,

215.

68

4,

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64

2

8.36

60

990.

4850

82.5

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30.0

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1253

92.2

630

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6664

8.96

5554

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31.9

268

653.

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21.1

232

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8139

ELEC

TRN

APP

R5.

0 6

3,16

2.00

5,26

3.50

30.

25

6506

2.08

5421

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31.1

667

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9255

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8.40

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33.0

571

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5259

22.9

634

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7320

5.28

6100

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35.0

681

39EL

ECTR

N A

PPR

6.0

67,

108.

32

5,

592.

36

3

2.14

69

112.

8057

59.4

033

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7117

9.92

5931

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34.0

973

309.

6861

09.1

435

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7550

2.08

6291

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36.1

677

757.

1264

79.7

637

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8139

ELEC

TRN

APP

R7.

0 7

1,05

4.64

5,92

1.22

34.

03

7318

4.40

6098

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35.0

575

376.

8062

81.4

036

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7763

1.84

6469

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37.1

879

970.

4066

64.2

038

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8237

1.60

6864

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39.4

581

39EL

ECTR

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PPR

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75,

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96

6,

250.

08

3

5.92

77

256.

0064

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037

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7957

3.68

6631

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38.1

181

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29.5

039

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8441

7.84

7034

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40.4

386

944.

3272

45.3

641

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8159

ELEV

ATO

R M

ECH

LD

1.0

98,

198.

64

8,

183.

22

4

7.03

10

1142

.72

8428

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48.4

410

4170

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8680

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49.8

910

7302

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8941

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51.3

911

0517

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9209

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52.9

311

3837

.76

9486

.48

54.5

2

Appe

ndix

B -

Skill

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Effe

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July

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July

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8Ef

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July

202

1Ef

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ive

July

202

0Ef

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July

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9

101

TITL

EC

OD

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NAM

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EP A

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ON

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9

8178

MAS

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LD

1.0

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72

6,

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56

3

4.94

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62.2

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7740

2.16

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37.0

779

719.

8466

43.3

238

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8212

1.04

6843

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39.3

384

584.

8870

48.7

440

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8179

MAS

ON

1.0

67,

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88

5,

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3

2.51

69

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5.12

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974

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80.4

835

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7639

9.92

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696.

7265

58.0

637

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8180

MAS

ON

APP

R1.

0 4

0,73

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51

4196

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21.3

245

852.

4838

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421

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0.56

3935

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22.6

281

80M

ASO

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PPR

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44,

119.

44

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2

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22.4

148

191.

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15.9

223

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4963

1.76

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23.7

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2442

59.5

224

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8180

MAS

ON

APP

R3.

0 4

7,52

2.88

3,96

0.24

22.

76

4894

2.72

4078

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5190

7.68

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24.8

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ASO

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905.

44

4,

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12

2

4.38

52

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5729

4.72

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8849

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428

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8180

MAS

ON

APP

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0 5

4,30

8.88

4,52

5.74

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01

5593

7.52

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26.7

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5934

0.96

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28.4

261

115.

7650

92.9

829

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6295

3.20

5246

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581

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ASO

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6.0

57,

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44

4,

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62

2

7.63

59

424.

4849

52.0

428

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9.28

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29.3

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6493

6.80

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878.

6455

73.2

232

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8180

MAS

ON

APP

R7.

0 6

1,09

4.88

5,09

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29.

26

6293

2.32

5244

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464

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631

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6675

3.36

5562

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31.9

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757.

8457

29.8

232

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7082

4.96

5902

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33.9

281

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44

5,

373.

12

3

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2855

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70.7

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27.4

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8188

ELEV

ATO

R M

ECH

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91,

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00

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50

4

3.75

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2878

40.4

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4.08

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199

806.

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047

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1027

92.2

485

66.0

249

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1058

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23.5

450

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8189

RO

OFE

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0 6

7,88

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5,65

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51

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5.76

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35.5

276

399.

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66.6

636

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7869

6.72

6558

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37.6

982

01FO

OD

SVC

MEC

H1.

0 7

1,93

1.60

5,99

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34.

45

7408

2.24

6173

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35.4

876

295.

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57.9

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2.32

6549

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37.6

480

951.

7667

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3.84

6947

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39.9

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2

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829

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3.68

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6454

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231

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6781

8.24

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32.4

869

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6058

20.3

033

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8217

FAC

MEC

H1.

0 5

6,06

2.80

4,67

1.90

26.

85

5775

4.08

4812

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27.6

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2

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5.84

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8220

RO

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40.5

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23VE

ND

ING

MAC

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CH

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7,71

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4,80

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64

5944

5.36

4953

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28.4

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1651

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7.60

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30.2

064

957.

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6689

9.52

5574

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482

35ST

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OPS

EN

GR

LD

1.0

84,

062.

88

7,

005.

24

4

0.26

86

589.

3672

15.7

841

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8917

8.48

7431

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42.7

191

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1276

54.2

643

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9460

7.28

7883

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45.3

197

446.

9681

20.5

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8236

RES

IDEN

TIAL

SVC

MEC

H L

D1.

0 7

2,68

3.28

6,05

6.94

34.

81

7485

4.80

6237

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35.8

577

109.

8464

25.8

236

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7942

7.52

6618

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38.0

481

807.

8468

17.3

239

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8427

1.68

7022

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40.3

682

37R

ESID

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AL S

VC M

ECH

1.0

67,

588.

56

5,

632.

38

3

2.37

69

613.

9258

01.1

633

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7170

1.92

5975

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34.3

473

852.

5661

54.3

835

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7606

5.84

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36.4

378

341.

7665

28.4

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8238

SVC

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GR

1.0

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7,

732.

56

4

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95

567.

7679

63.9

845

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47.1

410

1372

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48.5

510

4420

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8701

.74

50.0

110

7552

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8962

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51.5

182

39ST

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OPS

EN

GR

1.0

78,

195.

60

6,

516.

30

3

7.45

80

534.

1667

11.1

838

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8295

6.24

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39.7

385

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20.0

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8800

9.20

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640.

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53.3

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8240

STEA

M O

PS E

NG

R A

PPR

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917.

36

3,

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78

2

2.47

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316.

3240

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4975

7.04

4146

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23.8

351

239.

5242

69.9

624

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5278

4.64

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8240

STEA

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92

4,

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16

2

4.34

52

346.

1643

62.1

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5391

2.16

4492

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25.8

255

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9246

26.6

626

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5719

0.32

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2

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6.88

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475.

2052

89.6

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8240

STEA

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4,

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2

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2.40

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40.0

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1.68

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STEA

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NG

R A

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5.0

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48

5,

213.

04

2

9.96

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6637

7.52

5531

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31.7

968

361.

1256

96.7

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7040

7.36

5867

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516.

2460

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8240

STEA

M O

PS E

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6.0

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0.88

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7660

49.9

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1.28

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3

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6.88

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7.84

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STEA

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103

Appendix C – Location of Personnel Files ASUCLA, Human Resources Office, Kerckhoff Hall 219 Business & Finance, Morgan Center (Athletics), Suite 307-C Cultural and Recreational Affairs, Payroll/Personnel Office HR & Payroll Administration — South (Facilities Management employees) Healthcare Human Resources (Westwood-based Healthcare employees) HR & Payroll Administration — North (Housing & Hospitality Services employees) SM-UCLA Medical Center Human Resources (Santa Monica-based Healthcare employees) UNEX, Extension Human Resources Office Luskin Conference Center, Human Resources Office Lake Arrowhead Conference Center, Human Resources Office

104

APPENDIX D CRAFTS APPRENTICESHIP STANDARDS UNIVERSITY OF CALIFORNIA, LOS ANGELES

AND TEAMSTERS LOCAL 2010 SECTION 1 – Purpose and Policy

The University of California, Los Angeles and Teamsters Local 2010 hereto declare its purpose and policy to establish an organized, planned system of apprenticeship. These apprenticeship standards have been adopted and agreed upon by the University of California, Los Angeles (referred to hereinafter as the “University”) and Teamsters Local 2010 (referred to hereinafter as the “Union”) to govern the employment and training of apprentices in the trades and crafts defined herein, to become effective upon approval of the parties.

SECTION 2 – Trades and Crafts

Carpenter DOT 860.381 022 Electrician DOT 824.261 010

Elevator Mechanic DOT 825.281 030

Locksmith DOT 709.281 010

Mason DOT 844.364 010

Painter DOT 840.381 010

Plumber DOT 862.381 030

Sheetmetal Worker DOT 804.281 010

Operating Engineer Signmaker

DOT 950.383 026

SECTION 3 – Jurisdiction These standards shall apply to the University and Union signatory hereto, and to all apprentice agreements during the life of the parties’ collective bargaining agreement effective April 5, 2017.

SECTION 4 – Joint Apprenticeship & Training Committees

In accordance with the Collective Bargaining Agreement between the University and the Union, Joint Apprenticeship & Training Committees referred to hereinafter as the “JATCs” are hereby established to monitor the administration and supervise the enforcement of these standards for each craft apprenticeship. The JATC will consist of four persons appointed by the University, and three crafts-persons appointed by the Union, one of which will be from the affected craft for established apprenticeship programs and one Teamsters Local 2010 Officer appointed by the Union. In addition, the JATCs may consult other experts in the field, such as education consultants, as it deems appropriate and necessary. Such consultation will be advisory only.

SECTION 5 – Functions and Responsibilities

The JATCs shall have the following functions and responsibilities:

105

1) To meet on call, but not fewer than every six months; to record and maintain the minutes of each meeting.

2) To ensure an efficient program of apprenticeship through systematic on-the-

job training with related and supplemental instruction.

3) To monitor and supervise the administration and the enforcement of these standards.

4) To establish and accurately maintain adequate apprenticeship and training records, including hours of work experience and attendance at related training classes.

5) To review the periodic evaluations and recommendations provided by supervisors,

on- the-job trainers, and the classroom instructors for the following purposes, among others: a) to approve the advancement of an apprentice and advance salary step

increases for up to six (6) months where merited by previous related work experience and/or previous related vocational education. Such advancement may only occur at the time of appointment to the apprentice position,

b) to approve regular advancement as demonstrated by satisfactory progress in the program,

c) to hold back the advancement of an apprentice and delay salary step increases for up to a maximum of six months when warranted by inadequate or unsatisfactory progress in the program as demonstrated by on-the-job performance and/or classroom performance.

d) to recommend to the responsible Department Head the termination of the apprenticeship agreement when an apprentice has demonstrated an inability to complete the program, or his/her progress is not adequate to maintain scheduled advancements beyond the period referenced in Section 5, paragraph 5c above.

6) To counsel and advise apprentices on program objectives. Any apprentice

may request, in writing, a meeting with the JATC to seek advice or present problems he or she may be encountering in the program.

7) To approve and recommend alternate curriculum on a case-by-case basis.

8) To maintain a signed copy of each apprenticeship agreement and provide

copies to all parties to the agreement.

9) To determine when apprentices have completed their training and to certify the satisfactory completion of each apprentice to the responsible Department Head. Certification is contingent on possession of a valid journey level license where required by the University.

10) In the event that the JATCs cannot reach agreement on an issue, that issue

will be submitted to the Assistant Vice Chancellor, General Services, who will render a final decision. The above functions and responsibilities which have been delegated to the JATCs do not limit or preclude the University from the

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normal exercise of its management rights, including, but not limited to, the right to discipline apprentices.

SECTION 6 – Selection Procedure

The University shall have the sole discretion to determine the number of craft apprentices. Whenever the University determines that an apprentice position is to be filled, the selection will be made in accordance with the UCLA-Teamsters Local 2010 Skilled Crafts Agreement, Article 11 Promotion and Transfer. In addition, to be considered for the position an applicant must:

1) be a UCLA employee who has held a career appointment for at least

eighteen continuous months immediately preceding application,

2) be currently evaluated as a satisfactory or better employee.

3) be able to pass a test designed to determine aptitude for the specific craft to be apprenticed.

4) be able to pass an oral interview designed to determine suitability and potential

for success in the program, and

5) not currently be in an apprentice position or terminated from any other apprentice position.

The selection committee may recommend to the JATC accelerated advancement of the apprenticeship where merited by previous work experience and/or related vocational education pursuant to Section 5, paragraph 5 (a) of these standards.

SECTIONS 7 – Apprentice Agreement

1) The standard term of apprenticeship is forty-eight months (four years) but may be less

based on mutual agreement of the parties. Each apprentice shall be required to sign an apprentice agreement which sets forth the intent of the University and the apprentice to abide by the requirements set forth in these standards.

2) Each apprentice agreement shall be signed by the apprentice and the

responsible Department Head and the Union.

3) Each apprentice shall be furnished with a copy or given an opportunity to study these standards before signing the apprentice agreement. These standards shall be considered a part of the apprentice agreement as though expressly written therein.

SECTION 8 – Apprenticeship Duties

1) Each apprentice shall receive such instruction and experience in the trade as is

necessary to develop the skills, knowledge, and abilities required of a UCLA craftsperson. He/she shall also perform other duties on the job that are commonly related to shop responsibilities.

2) Wherever possible, work experience and vocational educational will be coordinated to

take place concurrently. Each apprentice shall satisfactorily perform all assigned work

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and learning requirements both on-the-job and in related instruction.

3) Each apprentice shall be evaluated by the JATC at least every six (6) months of the program to determine whether the apprentice is fulfilling the vocational and educational requirements of the program. If at any time the apprentice is not satisfactorily meeting the educational and/or vocational objectives of the program he/she shall be so informed by the JATC and, normally, be given one six (6) month extension to meet the requirements. Failure to meet the requirements will result in termination from the apprenticeship program and dismissal from employment. Under unusual circumstances, the University may, at its discretion, consider other options for employment.

4) Each apprentice shall be responsible for keeping a daily record of time spent in each

on-the-job training assignment or work area and shall submit this record to the JATC during his/her periodic review.

5) Each apprentice shall be responsible for having his/her transcript submitted to the JATC at the end of each semester. (See Section 10, Vocational Training, hereafter).

6) Each apprentice is required to comply with all the rules and regulations which apply

to University employees and failure to do so may result in disciplinary action in accordance with the UCLA Skilled Crafts Agreement (see above).

SECTION 9 – On-The-Job Training

1) Each apprentice shall be supervised by the craft superintendent and will work

under the direction of a journey level craftsperson.

2) Each apprentice will be trained in the use of new equipment, materials, and processes as they come into use at the University in the apprentice’s craft.

3) Each apprentice shall satisfactorily complete 8000 hours of on-the-job training,

unless otherwise mutually agreed by the parties to be fewer or greater hours. SECTION 10 – Vocational Training

1) Each apprentice shall participate in related and supplemental instruction

normally scheduled outside of work hours.

2) The related and supplemental instruction shall include appropriate safety recommendations of the Environment, Health and Safety division and other recognized trade safety practices and accident prevention, including first aid and CPR.

3) Related and supplemental instruction will not be less than 144 hours per year.

4) Time spent in classroom instruction outside of normal working hours will not

be considered time worked and will not be compensated.

5) Two unexcused absences in any given course is cause for immediate termination of the apprenticeship agreement and dismissal from employment.

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6) Courses must be completed with a grade of “C” or better in order to be credited toward the program. However, if the overall GPA falls below a “B” average on a consistent basis, it may be deemed as a failure to demonstrate adequate academic progress. Apprentices will be required to submit a copy of course transcript to the JATC at the end of each semester.

7) If an apprentice fails to receive a grade of “C” or better in a course, he/she

shall at the discretion of the JATC be given the opportunity to repeat the course one time. Failure to demonstrate adequate academic progress will result in termination of the apprenticeship agreement and dismissal from employment. Under unusual circumstances, the University may, at its sole discretion, consider other options for employment.

8) The University and Teamsters Local 2010 agree to share, in equal parts, the

costs associated with tuition, books, or other training for established apprenticeship programs.

9) A schedule of required classroom training for each craft will be attached

hereto and made a part hereof upon final agreement between the University and the Union.

10) Courses are available through the Los Angeles Unified School District, local

community colleges, and approved vocational training centers. SECTION 11 – Work Processes

A schedule of the on-the-job training requirements for each craft will be attached hereto and made a part thereof upon final agreement between the University and the Union.

SECTION 12 – Wage Structure

A craft apprentice shall be paid the following percentages of his/her respective craft wage rate as set forth in the UCLA-Teamsters Local 2010 Skilled Crafts Agreement:

First six months Sixty percent (60%)

Second six months Sixty-five percent (65%)

Third six months Seventy percent (70%)

Fourth six months Seventy-five percent (75%)

Fifth six months Eighty percent (80%)

Sixth six months Eighty-five percent (85%)

Seventh six months Ninety percent (90%)

Eighth six months Ninety-five percent (95%)

Upon completion of the program and approval by the JATC an apprentice shall receive the respective journey level rate of pay.

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Nothing in this Section shall be construed to override any responsibility or authority granted to the JATC to accelerate or hold back the advancement of an apprentice as set forth in Section 5 of these standards.

SECTION 13 – Completion Certificates

A certificate of completion will be issued to each apprentice by the responsible Department Head and the JATC upon satisfactory completion of the apprenticeship program as approved by the JATC.

If an apprentice program becomes State Certified, the certificate of completion will be issued by the State Division of Apprenticeship Standards to the graduating apprentice upon satisfactory completion of the apprenticeship program. The foregoing standards are hereby agreed to and adopted this ____ day of __________ and shall remain in effect so long as a provision binding UCLA to implement a crafts apprenticeship program is contained in a collective bargaining agreement between UCLA and Teamsters Local 2010.

The University of California, Los Angeles Teamsters Local 2010 _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________

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Appendix E – Bulletin Boards Facilities Management Shop/Bldg.

Second Floor Break Room (FM Building) Carpenter Shop (CS) (CSB1) South Zone Engineers (A3-129 CHS Watch Room) Electrical Shop (FM Building) Elevator Shop (FM Building) Floor/Night Crew (FM Building, Bay 1) Grounds (FM Building @ Irrigation Swipe In) Hardware Shop (Secure Area) Hospital Crew Shop (FM Building) North Zone Engineers (Royce Hall, Basement) Paint Shop Break Area (CSB 1) Plumbing Shop (FM Building) Sheet-metal Shop (CSB 1) DDC Shop (Young Hall, B Level) Tool Crib West Med Plant ASUCLA Kerckhoff Hall, Room 144B Housing & Hospitality Services Vending Services (Vending Office near Hedrick Hall) OCH Maintenance (350 DeNeve Dr) UA North (Maintenance Shop, 925 Weyburn) UA South (Maintenance Shop, 3327 Sepulveda Boulevard) Lake Arrowhead (Maintenance Shop) Luskin Conference Center (Staff Break Room) Healthcare Enterprise 200 Medical Plaza Tiverton House CHS, BH 414 SMH, Bulletin Boards, 1st and 9th Floors SMH, Central Plant Building SMH, Pavilion Office, Room B 126 SMH, Engineering Office Bulletin Board

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APPENDIX F - ALTERNATE/SERVICE ENGINEER SELECTION PROCEDURE

A. Alternate Service Engineer Selection Procedure

1. Notice of the Alternate Service Engineer exam will be posted on departmental bulletin boards for a minimum of one month prior to the deadline for applying to sit for the exam. The notice will state the date(s) and location of the written examination.

2. To qualify to sit for the exam the applicant must be regular career status

University employee who has held the title of Lead or Stationary Operating Engineer (title codes 8235 or 8239) for a minimum of six months preceding the date of the examination.

3. Applications will be received by HR & Payroll Center Administration South which

will initially screen the applications, ensuring that prospective applicants meet the criteria listed in Section A.2.

4. The validated written examination will be administered, and scored by HR &

Payroll Center Administration South. In order for an applicant to receive an oral interview, he/she must have a passing score on the examination of 75% on each section of the test.

5. Applicants passing the exam will be pooled by department and ranked. The top

ten (10) applicants in each departmental pool will be contacted by the respective hiring department to arrange an oral interview. Written test scores are discounted and all candidates will have equal status during the interview process.

6. Test scores, interview ratings, personnel evaluations, and personnel files of the

applicants will be reviewed by the interview panel. The top rated applicants based on these selection criteria will be offered the appointment of Alternate Service Engineer.

7. Names of applicants not selected but who qualified for an oral interview will be

retained until the next written examination is given. Such individuals will be considered for any Alternate Service Engineer appointment which occurs prior to the next written examination.

8. In order to retain status as an Alternate Service Engineer, the incumbent must

maintain a satisfactory evaluation in the alternate capacity. Failure to do so will result in the incumbent being returned to his/her prior career appointment and removal from the Service Engineer applicant pool as outlines in Section B.1.

9. Incumbents in the Alternate Service Engineer positions must reapply and

successfully compete for such positions every two years from the date they initially passed the written examination.

10. Internal applicants will be notified of results in writing and may discuss the

reasons for non-selection with the respective hiring department.

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B. Service Engineer Appointments

1. All Alternate Service Engineers in the departmental pool are considered for open, vacant Service Engineer positions within his/her department. Alternate Service Engineers may request not to be considered for open, vacant positions.

2. The University may seek applicants from sources other than the Alternate Service Engineer departmental pool when Service Engineer positions are open and require special skills, such as extensive knowledge of chemistry, electronics, building management systems or sterilization techniques. This does not preclude existing Alternates from competing for these positions.

3. The interview panel will conduct and rate oral interviews of all applicants, review

applicants' personnel files, and review applicants' performance evaluations. 4. In the case of two candidates who are substantially equally qualified, the criteria

for selection shall be in accordance with seniority in classification. 5. Internal applicants will be notified of results in writing and may discuss the

reasons for non-selection with the respective hiring department.

C. Within 180 days of ratification, the University and Teamsters Local 2010 will convene to meet and confer regarding updates and changes to this Appendix.

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APPENDIX G - SIDE LETTER

Family and Medical Leave — Military Caregiver Leave

An eligible employee may take Military Caregiver Leave to care for a family member or next of kin who is a covered service member undergoing medical treatment, recuperation or therapy for a serious injury or illness.

a. Leave Entitlement

An eligible employee is entitled to up to twenty-six (26) workweeks of Military Caregiver Leave during a single 12-month leave period. For purposes of this type of Family and Medical Leave only, a single 12-month leave period is the period beginning the first day an employee takes leave to care for the covered service member and ends twelve (12) months after that date. Leave is applied on a per-covered service member, per-injury basis. Eligible employees may take more than one period of twenty-six (26) workweeks of leave if the leave is to care for a different covered service member or to care for the same service member with a subsequent serious injury or illness, except that no more than twenty-six (26) workweeks of leave may be taken within any single 12-month period. If an eligible employee does not use all of his/her 26 workweeks of leave entitlement to care for a covered service member during this single 12- month leave period, the remaining part of the 26 workweeks entitlement to care for the covered service member for that serious injury or illness is forfeited.

b. Reduced Schedule or Intermittent Leave

This leave may be taken on an intermittent or reduced schedule basis. If the employee's need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the employee should consult with his/her supervisor and make a reasonable effort to schedule the treatment so as to minimize the disruption to the University's operations. In addition, if the need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the University may require the employee to transfer temporarily (during the period when intermittent or reduced schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee's regular position.

c. Documentation and Certification

Employees may be required to provide a certification completed by an authorized health care provider of the covered service member that provides information necessary to establish entitlement to Military Caregiver Leave. In addition, employees may be required to provide certain information (or have the covered service members provide information) establishing that the service member is a covered service member for purposes of Military Caregiver Leave, his/her relationship with the employee, and an estimate of the leave needed to provide the care.

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d. Substitution of Paid Leave Benefits for Military Caregiver Leave

An employee may elect to substitute accrued vacation (or CTO, if applicable) and/or up to twelve (12) workweeks of sick leave for unpaid Military Caregiver Leave. If an employee wishes to take unpaid Military Caregiver Leave and the employee's vacation accrual balance (or CTO balance, if applicable) is at the maximum" the employee will be required to use at least 10 percent of accrued vacation or CTO prior to taking unpaid Military Caregiver Leave.

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APPENDIX H SIDE LETTER RE HEALTH & WELFARE BENEFITS

1. The University's Office of the President and the Union agree to meet no less than twice

per calendar year to discuss changes, if any, to the University's health and welfare benefit programs. Such meeting shall occur in advance of the University's annual open enrollment period and will be held at UCLA.

2. In order to effectuate this meet-and-discuss process, the University will provide written

notice and any information available at that time to Teamsters Local 2010 as soon as practicable but in no event later than sixty (60) days prior to the effective date of the proposed changes. Both parties agree to meet and discuss within fifteen (15) calendar days of the written notice.

3. The University shall provide up to four (4) hours paid release time for four (4) bargaining

unit employees to participate in the meeting described herein. ___________________________ ___________________________ Jason Rabinowitz Michael Simidjian Teamsters Local 2010 UCLA Campus Human Resources ___________________________ ___________________________ Date Date

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Appendix I – University Policies & Work Rules The parties agree all existing policies and work rules in effect at the time of ratification will remain in effect, except that UCLA agrees to meet and confer with Teamsters Local 2010 regarding the current Facilities Management Master Key Ring Work Rule within thirty (30) calendar days after ratification.

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Appendix J (Article 30.B.: Value of Safety Shoes)

(1) Date of Ratification: $160 (2) March 1, 2017: $170 (3) March 1, 2018: $180 (4) March 1, 2019: $190 (5) March 1, 2020: $200 (6) March 1, 2021: $210 The figures above are contingent on the Duration of the collective bargaining agreement.

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Appendix K UCLA Parking Rates

Please note that increases are currently scheduled to become effective on July 1, 2017, July 1, 2018, and July 1, 2019.

UC LOS ANGELES CAMPUS & MEDICAL CENTER

Permit Name Permit Description

2016-17 Current Rates

2017-18 Proposed

Rates

2018-19 Proposed Rates

2019-20 Proposed

Rates

Yellow (Commuter)

General Use Monthly Permit for Staff/Faculty/Student

$79 $81 $83 $87

Blue Mobility Monthly Permit for Staff/Faculty

$99 $101 $104 $109

X Reserved Monthly Permit for Staff/Faculty

$144 $148 $151 $159

2Person Carpool (per person)

2 person Carpool Monthly Permit for Staff/Faculty/ Students

$32.50 $33.50 $34.50 $36.50

3Person Carpool (per person)

3 person Carpool Monthly Permit for Staff/Faculty/ Students

$13 $13.50 $14 $ 15

Disabled

Monthly Permit for Disabled Staff/Faculty/ Students

$79 $81 $83 $87

Night

Night (after 4:30 p.m.) Monthly Permit for Staff/Faculty/ Students

$46 $47 $49 $52

Weekend Weekend Monthly Permit for Staff/Faculty/Student

$35 $36 $37 $39

Clean Fuel Permit

Ultra Low Emissions Vehicle Monthly Permit for Staff/Faculty/ and Students

$79 $81 $83 $87

4Person Carpool (per person)

4 person Carpool Monthly Permit for Staff/Faculty/ Students

$6.25 $6.50 $7.00 $8.00

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Appendix L

SIDE LETTER

UCLA Elevator Mechanics (Title Code 8188)

1. On January 9, 2018, the University of California Los Angeles and Teamsters Local(hereinafter “parties”) mutually agreed to a wage increase for the Elevator Mechanics(Title 8188).

2. The Elevator Mechanics (Title Code 8188) will receive a wage increase to $51.00 perhour (an approximately 13.18% increase) effective January 9, 2018.

3. It is expressly understood by the parties that no other section or Article of the MOU ismodified by this Side Letter. Pursuant to Article 45.B — Wages, Lead Elevatormechanics (Title Code 8159) shall receive seven and one-half percent (7.5%) more thanthe basic rate for his/her respective class. Elevator Mechanic Apprentices (Title Code8268) shall be paid in accordance with the wage scale in Article 9 Section B —

Apprentices.

FOR THE UNIVERSITY FOR THE JNION

Michelle Lee Judi SerlinUniversity of California Teamsters Local 2010Los Angeles

/ 2 / I S —. ( t 1

Date Date

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Appendix MSide Letter

Employee Information & New Employee Orientations

The provisions in this side letter supersede Articles 3.B and 40.H of the collective-bargainingagreement.

A. Access to New Employee Information

i. On a monthly basis, the University shall provide Teamsters Local 2010 with anelectronic list via File Transfer Protocol (FTP) of all employees in the bargainingunit. The list will include the following data fields: name, title, title code, date ofhire, annual salary rate, percentage appointment, appointment type, worklocation (department address), hiring unit, campus mailing address, departmentname, University email address, separation date and reason, leave of absenceand reason, and dues indicator. In addition, the list will include the homeaddress, home telephone number, personal cellular phone number, andpersonal email address unless the employee has specifically requested that thepersonal and home information not be released. The University will provide

• Teamsters Local 2010 a weekly list of changes (e.g. new hire, corrections,transfers, salary changes) via FTP that have occurred within the bargaining unit.The data fields provided via FTP are subject to change upon agreement of theparties.

2. It shall be the responsibility of each employee to inform the University in writingof his/her current home address and of any change in such address, and theinformation so provided shall constitute “the employee’s last known homeaddress.” Employees may prevent release of their home address, personalhome and/or cellular telephone number(s) and personal e-mail address bystating their objection in writing to the campus/medical center that they do notwant this information disclosed to the Union.

B. New Employee Orientations

The University shall notify Teamsters Local 2010 in writing, at least fifteen(1 5) days’notice in advance of a scheduled in-person new employee orientation in which theUniversity or its designee advises one or more Skilled Trades (K4) Unit employee oninformation regarding employment status, rights, benefits, duties, responsibilities, or anyother employment-related matters.

1. The University shall endeavor to provide to Teamsters Local 2010, at least two(2) University business days in advance of scheduled new employeeorientations, a preliminary list of Skilled Craft bargaining unit employees, if anyare scheduled to attend the orientation. A copy of the completed sign in sheetwill be provided to the Union within ten (10) business days after the newemployee orientation session.

• 2. At the University’s new employee orientation, if any, packets of informationsupplied by Teamsters Local 2010 shall be made available.

3. Teamsters Local 2010 shall be permitted to meet with the new Unit employeesfor a maximum of thirty (30) minutes on paid time according to UCLA Campusor UCLA Health System timetables and practices at the new employeeorientation session for the purpose of sharing information with new unitemployees. The content of the University’s presentations and any Universitymaterials issued by the University will be determined solely by the University.New employee orientations for employees in the Skilled Trades bargaining unitwill be mandatory.

4. The Union’s presentation shall be included on the agenda to the UCLA Campusand UCLA Health Systems’ new employee orientation. At its sole discretion, theUniversity may make any changes to the agenda, including but not limited toscheduling of all the presentations.

5. In addition to a Union representative, one (1) Union steward may be present atthe meeting between the Union and the new unit employees on paid time if themeeting is on regularly scheduled work time. A request for release timedescribed in this section must be made to the appropriate Campus or UCLAHealth System Labor Relations Office at least one (1) business day in advanceof the new employee orientation session, except that a shorter notice may beprovided in the event of an emergency or “forces of nature” situation. Thegranting of such release will be subject to the operational needs of theUniversity and subject to the release time provided in Article 26(B)(7)(a).

6. Deadlines which fall on a University non-business day will automatically beextended to the next University business day.

7. The University and Teamsters Local 2010 agree to meet and discuss over thearrangements to accomplish the goals of this section.

FOR THE UNIVERSITY FOR THE UNION

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_________

Miche11e Lee ii)th SerlinUniversity of California Los Angeles Teamsters Local 2010

Date Date

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